Terms and Conditions of Use

Please read these Terms and Conditions ("Agreement", "Terms and Conditions") carefully before using https://flipquiz.me ("the Site") operated by MBurnette LLC ("FlipQuiz", "Us", "We", or "Our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site at https://flipquiz.me.

Agreement

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By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement.

By using the site, you agree to the terms outlined below. If you violate any of these terms, you can't use this site anymore.

Intellectual Property

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The Site and its original content, features and functionality are owned by MBurnette LLC and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

We put a lot of hard work into the site, so don't steal anything you see here.

User Guidelines

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A few ground rules for you to follow when using the Site, to make sure FlipQuiz stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.

The following is not permitted for any reason whatsoever:

  • using FlipQuiz to import or copy any local files you do not have the legal right to import or copy;
  • circumventing any technology used by FlipQuiz, its licensors, or any third party to protect the Site;
  • selling, renting, sublicensing or leasing of any part of the Site or any content on the Site;
  • circumventing any restrictions applied by the Site or it licensors;
  • artificially manipulating the Site by using a script or other automated process;
  • removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the Site;
  • “crawling” the Site or otherwise using any automated means (including bots, scrapers, and spiders) to collect information;
  • utilizing the site as a means of selling goods or services, or otherwise accepting any compensation, financial or otherwise, from users or non-users of the Site.

Don't use FlipQuiz to infringe on others' copyrights or sell your own goods and services. (The site is not set up to be a free advertising platform.)

Also, don't mess with the site's codebase or alter the way it functions in any way.

Termination

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We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

If, for any reason, we feel like we need to remove your account, we can and will.

You are solely responsible for properly canceling your account. You can cancel your account at any time. You may also cancel your payment plan but keep your account. An email or phone request to cancel your account shall not result in cancelation.

Any cancelation of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered once your Account is canceled. Please be aware that We may for a time retain residual information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us.

Cancelations will take effect immediately. Upon the commencement of a new Service period the Service will terminate without additional notice, and you will not be charged for any subsequent Service periods. You will not be provided any refunds for unused time on your Service period.

You can cancel your account at any time and it is your responsibility to do so.

All content and user information will also be deleted and is gone forever.

PRO users that cancel will not be billed again after account deletion.

FlipQuiz, has the right to suspend or terminate your Account if (1) you breach these Terms of Service or (2) your bandwidth usage significantly exceeds the average bandwidth of other users of the Service. In each such case, FlipQuiz may refuse to provide you any current or future use of the Site or any other Service. Any termination of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered once your account is terminated; however We may for a time retain residual information in our backup and/or archival copies of our database.

If, for any reason, we feel like we need to remove your account, we can and will.

Links To Other Sites

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Our Site may contain links to third-party sites that are not owned or controlled by MBurnette LLC.

FlipQuiz has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

You might find some content from outside websites (ie. ads). We can't always control the content of those ads.

Licenses

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FlipQuiz grants you a non-exclusive, non-transferable, limited license to use the Site in accordance with this Agreement.

Use the site as it was intended and everything will be okay. Please don't copy the site itself.

By submitting, posting or displaying Content on the Site, you grant Us and other Users of the Services a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). Specifically, the MIT license.

Your content is free for other users to copy, modify, recreate, and publish, online or in print.

You agree that this license includes the right for FlipQuiz and other Users of the Services to make your Content available to others for the publication, distribution, syndication, or broadcast of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by FlipQuiz or others may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

If something you created on FlipQuiz™ is used by someone else, they don't have to pay you to use them.

FlipQuiz may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

Anyone can copy your content and modify it to suit their purposes.

By uploading Content to the Site, you warrant, represent and agree that you have the right to grant FlipQuiz the license described above. You also represent, warrant and agree that you have not and will not contribute any Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless the trade secret belongs to you or you have the owner's permission to disclose it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity; (f) contains other people's private or personally identifiable information without their express authorization and permission, and/or (g) contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. We reserve the right in its discretion to remove any Content from the Site, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law.

You can't add content to the site that infringes on others' rights or anything that doesn't abide by our Code of Conduct.

You are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third party partners. You understand that your Content may be republished and if you do not have the right to submit Content for such use, it may subject you to liability. We will not be responsible or liable for any use of your Content in accordance with these Terms of Service.

If you add content to the site that conflicts with the Terms of Service, you will be held responsible. That's not on us.

Responsibilities

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The Services are available only to individuals who have the capacity to form legally binding contracts under the law applicable to these Terms of Service. Furthermore, our services are not available to minors (under 18 years of age). If you do not qualify, you are not permitted to use the Services and no contract will be formed between you and FlipQuiz.

FlipQuiz relies upon parents or guardians 18 years of age or older to determine if the Site and Services are appropriate for the viewing, access, or participation by such individuals under the age of 18. We do not seek or knowingly collect any personal information about children under 13 years of age. If we become aware that we have unknowingly collected personal information from a child under the age of 13, we will make commercially reasonable efforts to delete such information from our database.

You need to be 18 or older to sign up for a FlipQuiz™ account.

If you are under 18, but older than 13 years old, you must have your parent or guardian sign up for you. If you're under 13, you cannot sign up for an account.

If we find out that an account belongs to someone under 13, we will do what we can to remove the information from our database.

As a condition of your use of the Services, you agree to (a) provide Us with true, accurate, current and complete information as prompted by Our registration forms, when registering for or using the Services and (b) update and maintain the truthfulness, accuracy and completeness of such information.

Don't lie. We like honest people.

You are responsible for all activity occurring under your Accounts and are solely responsible for compliance with all applicable local, state, national and foreign laws, treaties and regulations relating to your use of the Site, including those related to the protection of intellectual property, data privacy, international communications and the transmission of technical or personal data.

You need to make sure you follow any rules or laws not outlined here based on your location or otherwise.

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services. Any use of or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will FlipQuiz be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Services or broadcast elsewhere.

We're not watching every person or piece of content on the site. Do the right thing for everyone's sake.

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of FlipQuiz, its users and the public.

We might need to access your content to help with a support request, but won't go peeking in otherwise.

Only if required by law will we submit any of your information at the request of the government.

Comments and Ideas

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In the course of using the Site, you may provide Us with feedback, including but not limited to suggestions, observations, errors, problems, and defects regarding the Site (collectively “Feedback”). In these Terms and Conditions, you hereby grant Us a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works from and otherwise exploit all such Feedback.

We love your feedback/ideas and might use them to the benefit of the site and its members. This is where it says we're allowed to do that.

Limitation Of Liability

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In no event shall FlipQuiz, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for damages, direct or consequential, resulting from your use of the Site, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses, including but not limited to attorney's fees, arising from your violation of any third-party's rights.

You agree that if anything happens to you, directly or indirectly, as a result of how you are using the website, we are not held responsible for any damages. 

Warranty Disclaimer

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Your use of the Site is at your sole risk. The Site is provided on an "as is" and "as available" basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

FlipQuiz, its subsidiaries, affiliates, and its licensors do not warrant that a) the Site will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Site is free of viruses or other harmful components; or d) the results of using the Site will meet your requirements.

You might experience some downtime, slow performance, and bugs.

We hope to minimize this, but things happen.

FlipQuiz reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site and Service (or any part thereof) with or without notice.

FlipQuiz shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Site.

We will do our best to stay available, but things happen.

We hope to continue to make the site better, but it's hard to be everything for everyone. If you don't like a change, it will be up to you to decide whether or not to continue using the site.

Memberships

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A valid credit card is required for paying Accounts. FlipQuiz memberships are billed in advance on a monthly basis in accordance with our pricing schedule and all payments are non-refundable. There will be no refunds or credits for partial months of Service, upgrade/downgrade refunds, or refunds for months unused with an open Account.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. You agree to pay for any such taxes that might be applicable to your use of the Service and payments made by you herein.

All sales are final and any taxes owed on the purchase of a subscription are your responsibility (if applicable).

You will be billed for your first month immediately upon signing up for a paying Account. After signing up for a paying Account, you will be billed monthly starting on the 30th day after your account was initially created. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged a pro-rated fee for the new level and subsequent months billed at the full rate for the chosen plan level.

Downgrading your Account may cause the loss of content, features, or capacity of your Account. No refunds, partial or whole, will be issued for downgrading of services.

You'll be automatically billed every 30 days for your PRO membership.

If you upgrade your account, you'll be charged a pro-rated difference. If you downgrade, you may lose access to PRO features.

Prices of all Services, including but not limited to monthly subscription plan fees, are subject to change upon 30 days notice from CodePen. Such notice may be provided at any time by posting the changes to the Site.

If we need to change the price for any reason, we'll make sure you have 30 days notice.

This notice may only be listed on the site, though we may send an email.

Changes To This Agreement

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We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.

Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

These terms might change from time to time. You agree to any changes if you login to the site after changes have been made.

If there's any big change, we'll send an email.



This document was last updated on March 12, 2017


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