These Terms of Use (“Terms”) apply to your access to and use of the websites, applications, and other online products and services including our games (collectively, our “Services”) provided by July 21 Mobile Inc. By clicking to indicate your acceptance or otherwise using our Services, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 16, you may not use our Services.

In addition to these Terms, we may ask you to accept additional terms that apply to specific features, promotions, products, or services (including, but not limited to, posted fees, billing procedures, promotion rules, and subscription services). To the extent any additional terms conflict with these Terms, the additional terms govern with respect to your access to or use of the applicable feature, promotions, product, or service.

Please refer to our Privacy Policy for information about how we collect, use, and disclose information about you.

Eligibility

(a) You must be at least 13 years of age to access or use our Services, provided that if you are under 18 years of age (or the age of legal majority where you live), you may only access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority where you live), you (i) agree to be bound by these Terms and any applicable additional terms and (ii) are fully responsible for the acts or omissions of such user in connection with our Services. The Services are for personal use only. Organizations, companies, or businesses may not use the Services for any purpose. You may not use the Services if you have previously been suspended or removed from the Services. Certain Services may not be available in all jurisdictions, and we reserve the right to impose additional eligibility requirements.

(b) If you choose to access the Services from outside of the United States and its territories, you do so at your own risk and are responsible for compliance with all local laws, rules, and regulations that may apply.

User Accounts

You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You must maintain the security of your account and account credentials, and you are responsible for any activities on your account and must promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of those users.

Limited License

Our Services, including the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans, Virtual Items (defined below), and other content contained therein, are owned by or licensed to July 21 and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, July 21 and our licensors reserve all rights in and to our Services. You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use our Services for your own personal use and to install our mobile applications on a device that you own or control; however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use our Services; (b) copy, reproduce, distribute, publicly perform or publicly display the Services, except as expressly permitted by us or our licensors; (c) modify the Services, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services; (d) reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services; or (e) use our Services other than for their intended purposes. Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. You acknowledge that we may update or modify the Services at any time without notice to you, and these updates and modifications may be required in order for you to continue to use the Services. We may use certain software, tools, and technologies to detect and prevent cheating, hacking, fraud, and other unauthorized activity within the Services (the “Anti-Cheat Technologies”), which Anti-Cheat Technologies may be used to monitor your gameplay and device (including without limitation your device’s RAM and storage) for such purposes.

User Content

Our Services may allow you and other users to create, post, store and share content, including messages, text, photos, videos, software, artwork, audio, music, animations, and other materials (collectively, “User Content“). Except for (i) any content from the Services that may be incorporated in your User Content, and (ii) the license you grant below, as, between you and July 21, you retain all rights in and to your User Content. You grant July 21 a perpetual, irrevocable, non-exclusive, royalty-free, worldwide, fully-paid, transferable, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you.

Community Guidelines

(a) You are solely responsible for your conduct while accessing or using our Services, and you will not:

(i) Violate any applicable law, contract, intellectual property or other third-party right or commit a tort;

(ii) Engage in any abusive, disrespectful, harassing, threatening, intimidating, violent, predatory or stalking conduct;

(iii) Use or attempt to use another user’s account without authorization from that user and July 21;

(iv) Use our Services in any manner that could interfere with, disrupt, spam, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;

(v) Attempt to circumvent any content-filtering techniques we employ or attempt to access or tamper with any feature, content or area of our Services that you are not authorized to access, which includes any attempt to probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures;

(vi) Violate any additional rules or restrictions posted within any Services that apply to your conduct within such Services;

(vii) Develop or use any applications that interact with our Services without our prior written consent;

(viii) Sell, rent, or purchase account interactions (such as selling, renting, or purchasing followers, re-sharing a post, likes, etc.)

(ix) Sell, trade or transfer, or offer to sell, trade or transfer, your account, your personal license to use and access the Services, any Virtual Items (including without limitation any virtual currency), or any other in-game benefits, achievements or status associated with your account or which are otherwise available to you through the Services, in any manner whatsoever, unless expressly authorized in writing by July 21;

(x) Engage in, attempt to engage in, or encourage or promote any activity that is determined by July 21 to be associated with cheating, hacking, fraud, modifying or manipulating the Services, obtaining an unfair advantage within the Services, or otherwise using the Services in any manner other than for their intended purposes, including, without limitation, leveraging any bugs, program errors, or exploits in the Services in connection with any of the foregoing;

(xi) Use, develop, provide, sell, distribute, or otherwise make available any software, technologies, tools, or other materials (including without limitation any bots, hacks, mods, add-ons, worms, cheats, or malware) that are determined by July 21 to be associated with cheating, hacking, fraud, modifying or manipulating the Services, obtaining an unfair advantage within the Services, or otherwise using the Services in any manner other than for their intended purposes or that is unauthorized;

(xii) Attempt to tamper with, modify, disable, disrupt, or circumvent any Anti-Cheat Technologies used in connection with the Services;

(xiii) Use any data mining, scraping, robots, or similar data gathering or extraction methods

(xiv) Bypass or ignore instructions contained in any robots.txt file we provide that controls automated access to portions of our Services; or

(xv) Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

(b) You may also only post or otherwise share User Content that is non-confidential and you have all necessary rights to disclose. You may not create, post, store, or share any User Content that:

(i) Is unlawful, libelous, defamatory, obscene, pornographic, discriminatory, indecent, lewd, suggestive, harassing, bullying, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;

(ii) Includes content that directly attacks, threatens, or incites harm against other people based on their race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, disabilities, or diseases;

(iii) Would constitute, encourage or provide instructions for a criminal offense, promote self-injury or suicide, violate the rights of any party, or otherwise create liability or violate any local, state, national or international law;

(iv) May infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary rights of any party;

(v) Contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences or are otherwise false or misleading;

(vi) Contains multiple unrelated updates to a topic using a hashtag (#) or other similar search mechanisms, trending or popular topic, or promoted trend;

(vii) Contains duplicative content over multiple accounts or duplicate updates on one account;

(viii) Contains duplicate replies or mentions or unsolicited replies or mentions;

(ix) Impersonates, or misrepresents your affiliation with, any person or entity;

(x) Contains any unsolicited promotions, political campaigning, advertising, or solicitations;

(xi) Contains any private or personal information of a third party without such third party’s consent;

(xii) Contains any viruses, malware, corrupted data or other harmful, disruptive, or destructive files or content; or

(xiii) Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose July 21 or others to any harm or liability of any type.

Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.

Hyperlinks

You may create a text hyperlink to our Services for non-commercial purposes, provided such link does not portray July 21 or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited permission may be revoked at any time. You will not use the July 21 logo or other proprietary graphics of July 21 to link to our Services without our express written permission.

Third-Party Content

In addition to User Content, July 21 may provide third-party content on our Services and may provide links to web pages and content of third parties (collectively, the “Third-Party Content”). July 21 does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. July 21 does not create, update, or monitor Third-Party Content and is not responsible for any Third-Party Content. You are responsible for deciding if you want to access or use Third-Party Content or applications that link from our Services. Your correspondence or business dealings with, or participation in promotions of, or advertisers found on or through our Services are solely between you and such advertiser. Access and use of such Third-Party Content, including the information, materials, products, and services on or available through any third party sites is solely at your own risk.

Feedback

You may submit questions, comments, suggestions, feedback, ideas, original or creative materials, or other information about July 21 or our products or Services (collectively, “Feedback”). We reserve the right to incorporate Feedback in our products and Services and otherwise use and fully exploit Feedback for any purpose, without acknowledgment or compensation to you.

Copyright Complaints

We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify July 21’s Designated Agent as follows: https://quizbattle.fun/contact-us/

Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless July 21, our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners, and employees (individually and collectively, the “July 21 Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of our Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services. You will promptly notify the indemnified July 21 Parties of any Claim, cooperate with the indemnified July 21 Parties in defending the Claim, and pay all fees, costs, and expenses associated with defending the Claim (including, but not limited to, attorneys’ fees). The indemnified July 21 Parties will have the right to retain sole control of the defense or settlement of any Claim (at your expense). This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and July 21 or the other July 21 Parties.

Disclaimers

(a) We do not control, endorse or take responsibility for any User Content or Third-Party Content available on or linked to by our Services.

(b) Your use of our Services is at your sole risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, July 21 does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While July 21 attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

Limitation of Liability

(a) July 21 Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental, special damages or lost profits arising out of or in any way related to these Terms or our Services, even if July 21 or the other July 21 Parties have been advised of the possibility of such damages

(b) The total liability of July 21 Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $100 or the amounts paid by you to July 21 via the Services in the 6 months prior to the claim.

(C) The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of July 21 Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

Transfer and Processing Data

By accessing or using our Services, you consent to the processing, transfer, and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.

Termination or Suspension

We reserve the right, without notice and in our sole discretion, to terminate or suspend your right to access or use our Services or to discontinue all or a part of the Services. We are not responsible for any loss or harm related to your inability to access or use our Services.

Miscellaneous

If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between you and July 21 relating to your access to and use of our Services. The failure of July 21 to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. All of your transactions and communications with us may, at our option, be conducted electronically.

Changes to Terms

We may make changes to these Terms from time to time. If we make changes, we will provide notice of such changes, such as by sending an email notification, providing notice through our Services, or posting the amended Terms to our Services and updating the “Last Updated” date above. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended terms, you must stop accessing and using our Services.

Contact

If you have any questions or concerns regarding the Services or these Terms, please contact at support@quizbattle.fun.