Terms of Service
Last updated: April 13, 2018.
The following terms and conditions (“Terms”) govern all use of the CalorieQuiz.com website and all content, services, and products available at or through the website, including, but not limited to, the Calorie Quiz App (taken together, our “Services”). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the applicable Privacy Policy) and procedures that may be published from time to time by Corvi Digital (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by Corvi Digital, acceptance is expressly limited to these Terms.
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.
1. CalorieQuiz.com.
Responsibility of Contributors. If you comment on a blog, post material to CalorieQuiz.com, post links on CalorieQuiz.com, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using CalorieQuiz.com, you represent and warrant that your Content and conduct do not violate these Terms or the User Guidelines. By submitting Content, you grant Corvi Digital a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content. Without limiting any of those representations or warranties, Corvi Digital has the right (though not the obligation) to, in Corvi Digital’s sole discretion, (i) refuse or remove any content that, in Corvi Digital’s reasonable opinion, violates any Corvi Digital policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of CalorieQuiz.com to any individual or entity for any reason. Corvi Digital will have no obligation to provide a refund of any amounts previously paid.
2. Calorie Quiz app.
Description. The Calorie Quiz app is a downloadable app available on iOS devices via the App Store.
App EULA The Calorie Quiz app is licensed by Apple’s Standard EULA.
Privacy Usage of the Calorie Quiz app is subject to the Calorie Quiz app Privacy Policy.
3. Responsibility of Visitors.
Corvi Digital has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, Corvi Digital does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Corvi Digital disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
4. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which CalorieQuiz.com links, and that link to CalorieQuiz.com. Corvi Digital does not have any control over those non-CalorieQuiz.com websites, and is not responsible for their contents or their use. By linking to a non-CalorieQuiz.com website, Corvi Digital does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Corvi Digital disclaims any responsibility for any harm resulting from your use of non-CalorieQuiz.com websites and webpages.
5. Copyright Infringement and DMCA Policy.
As Corvi Digital asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by CalorieQuiz.com violates your copyright, you are encouraged to notify Corvi Digital. Corvi Digital will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Corvi Digital will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Corvi Digital or others. In the case of such termination, Corvi Digital will have no obligation to provide a refund of any amounts previously paid to Corvi Digital.
6. Intellectual Property.
This Agreement does not transfer from Corvi Digital to you any Corvi Digital or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Corvi Digital. Corvi Digital, Calorie Quiz, CalorieQuiz.com, the Calorie Quiz logo, and all other trademarks, service marks, graphics and logos used in connection with CalorieQuiz.com or our Services, are trademarks or registered trademarks of Corvi Digital or Corvi Digital’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Corvi Digital or third-party trademarks.
7. Changes.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
8. Termination.
Corvi Digital may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
9. Disclaimer of Warranties.
Our Services are provided “as is.” Corvi Digital and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Corvi Digital nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
10. Jurisdiction and Applicable Law.
The Service is controlled, operated and administered by us from our facilities within Canada. We make no representation or warranty that the Service is appropriate or available for use at any locations outside Canada.
These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Alberta, Canada, without reference to its conflict of laws principles. You hereby irrevocably agree to submit to the exclusive jurisdiction of the courts of the Province of Alberta and to waive any objections based upon venue.
11. Limitation of Liability.
In no event will Corvi Digital, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Corvi Digital under this Agreement during the twelve (12) month period prior to the cause of action. Corvi Digital shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
12. General Representation and Warranty.
You represent and warrant that (i) your use of our Services will be in strict accordance with the applicable Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.
13. Indemnification.
You agree to indemnify and hold harmless Corvi Digital, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
14. Miscellaneous.
This Agreement constitutes the entire agreement between Corvi Digital and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Corvi Digital, or by the posting by Corvi Digital of a revised version.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Corvi Digital may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
This agreement has been adapted from the agreement provided by WordPress.com, under the terms of the Creative Commons Sharealike license. This agreement is also made available under that license.