Terms of Service and Use
1. FAKTUALLY INFORMATION
- Holder: Playvalve S.L.
- DPO: ECIJA Legal & Compliance. Torre de Cristal, Paseo de la Castellana, 259C, 28046 Madrid
On the Website, FAKTUALLY offers its users a service of online games such as quizzes or tests (“Services”).
3. ABOUT THE TERMS
FAKTUALLY reserves the right to modify its website herein, so we recommend the user to check the terms each time he or she accesses the Website. Where the user continues to navigate through the Website, it will be understood that he or she has agreed to the modification.
Access to the Website and catalogue consultation is available for every user without registration or payment requirements.
However, to benefit from the Services the User must provide certain personal data which may be obtain from his or her Facebook account via consent of the user.
The user may, at any time, request his or her withdrawal from the Website by written communication to the above-mentioned addresses, with indication of his or her identification data, and identification document copies, or email to the electronic address of our DPO.
5. INFORMATION ABOUT THE SERVICES
All data, images, graphic representations, icons, videos and descriptions or instructions concerning the Services available in the Website have a pure informative purpose. FAKTUALLY denies any liability derived from the appearance of mistakes therein, though it undertakes to take as many measures as necessary to correct said mistakes as soon as possible, where appropriate.
6. OBLIGATIONS OF QUIZZTAR
FAKTUALLY’s obligations are to:
- Create a catalogue of its Services and make it available on the Website
- Permit use of the Services to the users
- Provide a client support service accessible through the addresses indicated above
- Maintain and guarantee the secrecy of communications and confidential information unless required by a public authority pursuant the applicable regulations, in which case FAKTUALLY reserves the right to do as required without prior notice to the user
7. OBLIGATIONS OF THE USER
The user shall:
- Accept that FAKTUALLY is not responsible for the losses or damages that may affect the user as a consequence of a crash of the systems or an error in the telecommunication infrastructure where such events are foreign to FAKTUALLY capacities or due diligence
No user shall:
- Use any information or contents provided by FAKTUALLY unless pre approved by FAKTUALLY nor reproduce, distribute or communicate to the public the materials available in this Website
- Distribute by whichever means any information which infringes or may infringe the patents, trademarks, trade secrets, copyrights or other intellectual property right held by or licensed to FAKTUALLY
- Distribute obscene or vulgar information, sentences, geometric figures, etc. that may harm public order or good morals or customs
- Act, which objectively appears to be, related to a crime or an action susceptible to cause damages to FAKTUALLY or third parties
- Do any other act that may violate the relevant laws and regulations
- Conduct any business activities using the Website or Services without the prior consent from FAKTUALLY. FAKTUALLY's losses, if any, suffered as a result of such business activities shall be compensated for by such user
8. TRANSACTIONS WITH ADVERTISERS
FAKTUALLY shall not be liable for any losses or damages incurred by any user as a result of such user’s participation in promotional activities of an advertiser conducted through the Website, or as a result of a user’s communication or transactions with advertisers.
9. RESTRICTION OF USE
FAKTUALLY may suspend use of the Website to the user without prior notice where he or she commits one of the followings:
- If the user interferes with the operation of the Services;
- If the user spreads or disseminates content that harms public order or good social morals or customs;
- If the user plans to use, or uses, the Services for the purpose of undermining national interests or the public interests of society;
- If the user commits an act that harms the reputation of another person or is otherwise detrimental to another person;
- If the user transmits large volumes of information, including information of advertising nature, in order to interfere with the stable operation of the Services;
- If the user spreads or disseminates a computer virus program that may cause malfunction of the information and communication equipment and facilities or loss of information;
- If the user infringes the intellectual property rights of FAKTUALLY, of another user, or of a third party;
- If the user, without prior authorization of FAKTUALLY, copies, distributes or communicates to the public information obtained using the Website, or uses such information for commercial purposes; or
10. CONTENT RIGHTS
10.1. Contents of FAKTUALLY
With regard to the intellectual property rights which protect the contents of the Website, QUIZZTAR informs:
- FAKTUALLY is holder or licensor of the intellectual property rights which befall the logos, trademarks, commercial names, distinctive signs of any kind, inventions, images, videos and texts available in the Website.
- Under no event the fact that FAKTUALLY allows the user to navigate through the Website implies a waiver, assignment or license, in whole or in part, regarding the mentioned intellectual property rights, unless express and written authorization by FAKTUALLY.
- FAKTUALLY is not responsible for the contents available in external websites accessible through links that may be posted in the Website by FAKTUALLY or by the users.
In the event that a user detects a content which may contravene the rights of a third party or the applicable regulations, FAKTUALLY requests such user to inform of this event at the address [email protected]
10.2. Contents of the user
By posting any content, such as comments or images, the user grants to FAKTUALLY a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute said content for the purposes of operating and providing the Services the users. The license you granted FAKTUALLY ends when you delete your content or your account unless your content has been shared with others, and they have not deleted it.
The user is the only responsible for his or her content. He or she declares and warrants to have all the rights necessary to grant us the relevant license rights under these Terms. He or she also declares and warrants that neither his or her content, nor the use and provision thereof by a user or by FAKTUALLY on or through the Website may infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any content of the user from the Website.
11.1. Links to other websites
FAKTUALLY informs that it has not the human or technical resources to know prior, control and/or approve all the information, content and products or services available in external websites which are accessible through hyperlinks, banners or embedded content posted and/or managed either by FAKTUALLY, the users or third parties.
Consequently, FAKTUALLY cannot take any responsibility for said contents of third parties websites, included but not limited to, their functioning, access, data, information, files, quality and reliability.
In the event that the user acquires effective knowledge that the activities carried out in these websites may be illegal or contravene morality and/or public order, he or she shall immediately inform FAKTUALLY for the purpose of disabling the link as soon as possible.
At all events, the establishment of any type of link from the Platform to other website does not imply the existence of some kind of relation, collaboration or dependence between QUIZZTAR and the person responsible for such external website.
11.2. Links to the Website in external websites
In any case, links to the Website may be published where they meet the following conditions:
- The link must not fully or partially reproduce in any way the content of the Website;
- It is not allowed to create a browser or a border environment on any section of the Website or in any way modify the Website;
- It is not allowed to disclose false, inaccurate or incorrect statements or indications about the Website and/or, in particular, to declare or hint that QUIZZTAR has authorised the link or has supervised or accepted in any way the contents or services offered on the website where the link is posted;
- The website where the link to the Website is posted must not contain information or content that is illegal or contrary to morality, to public order or to the social standards generally accepted, nor shall it contain contents that are contrary to any rights of third parties, including intellectual property rights and/or the right to honour, to personal or family privacy, to one’s own image or to personal data protection or to any other right.
FAKTUALLY does not have the necessary human or technical means to know, control, or approve all the information, contents, products or services provided by other websites that have established links to this Website. Consequently, FAKTUALLY cannot take any responsibility for said contents of third parties’ websites, included but not limited to, their functioning, access, data, information, files, quality and reliability.
12. COMPENSATION FOR DAMAGE
FAKTUALLY shall not be liable for any damage that may be incurred by a user in connection with his or her use of the Website, unless FAKTUALLY has acted with willful misconduct or gross negligence.
13. EXEMPTION CLAUSE
- FAKTUALLY shall be exempt from responsibility for the provision of the services available in the Website if such inability to provide the services is due to a force majeure;
- FAKTUALLY shall not be liable to a user for a technical difficulty involving the use of the Website if such difficulty is due to a cause attributable to such user;
- FAKTUALLY shall not be liable for loss of profit that a user expected to enjoy using the Website or the damage incurred by a user due to data obtained through the use of the Website;
- FAKTUALLY shall not be liable for the reliability and, accuracy of the information, data, or facts posted by the users on the Website;
- FAKTUALLY shall not be liable for the damage incurred by a user in connection with his or her use of the Website, to the extent that such damage is due to willful misconduct or negligence on the part of such user;
- FAKTUALLY shall not be liable for any user’s penal responsibility stemming from information posted on the Website by such user which infringes the copyright or program copyrights of other persons.
The headings of the different clauses herein have an informative purpose and will not determine the interpretation of the text provided in said clauses.
15.2. Partial nullity
FAKTUALLY may translate the legal texts available in the Website. In the event of conflict in the interpretation among the different versions, the English version shall prevail.
16. APPLICABLE LAW AND JURISDICTION