TERMS OF SERVICE OF ANALYZ ME

These Terms constitute a legally binding agreement between the Company and the User, relating to the use of the Service by the User. By using, logging into and accessing the Service, each User (whether logged in or not) is bound by the terms and conditions contained in these Terms, including the Privacy Policy and Cookie Policy, as incorporated and referenced herein. If a User does not agree to or accept the terms and conditions contained in these Terms, then the User may not use the Service.

If you have any questions regarding these Terms or the Services itself, please contact the Company at [email protected].

In addition to these Terms, each User is obliged to comply with the terms and conditions contained in any other documents referred to in these Terms or the Services (including the Privacy Policy).

  1. INTERPRETATION AND DEFINITIONS
  1. As used in these Terms, including the preamble hereof, unless expressly otherwise stated or evident in the context, the following capitalised terms and expressions shall have the following meanings:
  1. Account – a User’s account which is created by the User upon logging in to the Service through Social Media.
  2. Company – ANALYZ ME. References to „we“, „us“ and „our“ mean references to the Company.
  3. Content – all materials, including logos, brand names, designs, images, photographs, video clips, copyrights, trademarks, and other forms of intellectual property and information/data present in the Website and Services or displayed in connection with the Website or Service, protected by registration or not.
  4. Party – each of the User and the Company.
  5. Privacy Policy – the privacy policy of the Service: https://en.analyz.me/privacy_en.html , as amended from time to time.
  6. Service – online quizzes and tests provided by the Company to the User through the Website. The Service also includes the Users’ possibility to create and publish quizzes by themselves through the Company’s another webpage, to which another and separate set of terms of service from these Terms applies.
  7. Social Media – User’s social media accounts through which the Company makes it possible to  log in to the Service to create an Account.
  8. Terms – these terms of service of the Company, as amended from time to time.
  9. User – anyone who uses the Service, whether logged in or not. References to “you” and “your” mean references to the User.
  10. User Content – Content that non logged in Users and logged in User, meaning, User with an Account, provide to be made available through the Service, for example quizzes.
  11. Website – website located at https://en.analyz.me/ and all subdomains of such website, including the foregoing website while being accessed by a mobile device and/or in a mobile-optimized form.
  1. In these Terms, unless the context otherwise requires, a reference to:
  1. a Section is a reference to a section of these Terms; and
  2. words denoting the singular include the plural and vice versa, words denoting persons include solely physical persons.
  1. Any obligation of a Party not to do something includes an obligation not to allow that thing to be done.
  2. The headings of these Terms are for convenience of reference only and do not in any way limit or affect the meaning or interpretation of the provisions of the Terms.

  1. GENERAL CONDITIONS AND ACCESS
  1. We provide most of the Service on an open access basis, but you may need to log in to access certain parts of the Service. You may log in to the Service using your Social Media login information.
  2. In some cases, we may restrict access by User’s age and/or location. In order to use the parts of the Service that require User’s consent, for example creating an Account, providing user input, etc., you must be at least either (i) 16 years old or older; or (ii) in case you are under 16 years old, have your parent’s or guardian’s consent for the said processing activities. The Company reserves the right to request from the User necessary information, including consents, documents and separate warranties, to ensure that the User abides by the age-requirements. Although, our Service does not entail any civil obligations or rights to the User, if we discover that we have collected information without consent from a parent or guardian, where such consent should have been obtained, we will delete that information as soon as possible.
  3. The information that the User provides to the Company at any time must be accurate, current and complete and may not be misleading in any respect. You shall not log in to the Service using a Social Media account of another person.
  4. By logging in to our Service through your Social Media account, you permit us to access certain information from your respective profile for use by the Service. You may control the amount of information that is accessible to us by adjusting your privacy settings with Social Media provider.
  5. Please see our Privacy Policy in order to understand which data we collect about you when providing you with the Service and your rights regarding such processing. The Privacy Policy is accessible here: https://en.analyz.me/privacy_en.html/.  

  1. SECURITY
  1. Each User is responsible for maintaining adequate security and control of any and all log in data and any other codes or devices which are intended to or can otherwise be used to access the Account and/or use the Service.
  2. Each User must prevent unauthorised access to the Account and unauthorised use of the Service, the User’s account credentials, and must promptly notify the Company of any such unauthorised access or use.
  3. Each User has an obligation to fully and timely cooperate with the Company in the investigation of any suspected unauthorised access to the Account or use of the Service.
  4. The Company reserves the right to terminate your access to the Account if the Company suspects unauthorized use of the Service under the respective Account. The Company urges you to report any unauthorized use of your Account in order to facilitate any necessary investigation, as described above.
  5. Each User will be solely responsible, and to the maximum extent permissible under applicable legal acts, the Company will have no liability, for any activity that takes place through the User’s Account if the Account has been accessed or used with the User’s account credentials, regardless of whether or not such access has been authorised by the User.

  1. DELETING THE ACCOUNT
  1. You shall have the ability to delete your Account directly on the Website by clicking “Remove account” on the bottom of the Website. In the foregoing case your Account will be deleted within one day.
  2. In the following situations the Company reserves the right to delete the User’s Account without prior notice in case:
  1. the User has not logged into the Service for 3 years as of the last log in;
  2. the User breaches: (i) these Terms or (ii) any other terms and conditions referred to in these Terms or otherwise binding on the User (including the Privacy Policy);
  3. closure of the Account is required by a competent authority;
  4. any third-party service provider used by the Company for the provision of the Service refuses to facilitate or cancels the provision of Service to the User.
  5. the User has intentionally interfered with the operation of the Service;
  6. the User has intentionally spread or disseminated content that harms societal well-being, or good social morals and customs;
  7. the User plans to use, or uses, the Service for the purpose of undermining national interests or the public interests of society;
  8. the User has committed an act that harms the reputation of another person or is otherwise detrimental to another person;
  9. the User transmits large volumes of information or information of advertising nature in order to interfere with stable operation of the Service;
  10. 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;
  11. the User has infringed the intellectual property rights of the Company, of another User, of a third party;
  12. the User, without prior authorization of the Company, copies or distributes information obtained using the Service of the Company, or uses such information for commercial purposes;
  13. the User’s activity could expose the Company to legal liability or damages;
  14. the User engages in any activity that is considered illegal or requires a separate legal ground which the Company has reason to believe the User is lacking.

  1. LIABLITY
  1. Each User is liable for and shall be obliged to indemnify to the Company any and all damages which arise from the activities of the User. Such damages shall include costs and expenses incurred due to third party claims (including penalties imposed by authorities), attorneys’ fees and all other damages subject to compensation under applicable law. In addition, the User shall compensate the Company costs and expenses, including attorneys’ fees, incurred in connection with reviewing and responding to subpoenas, legal orders and queries of public authorities concerning the User.
  2. The Company is liable for and shall be obliged to compensate to the User only direct monetary damages (and for the avoidance of doubt, no indirect damages or loss of profits) and only on the condition that such damages are caused to the User by the Company intentionally.
  3. The liability of the Company is reduced by the amount equal to the damages which the User could have avoided by taking reasonable efforts.
  4. In addition to the limitations described elsewhere in these Terms, to the maximum extent permissible under applicable legal acts, the Company assumes no liability for any damages caused by third parties or by circumstances outside the control of the Company (including any hacker attack, technical failures, defects, bugs or viruses affecting the Website, your failure to follow these Terms or any action taken by regulatory authorities).
  5. Should you proceed with using the Service and it fails to be suitable for the particular purpose as intended by you, we do not accept any liability for such unsuitability.

  1. REPRESENTATIONS AND WARRANTIES
  1. The User uses the Service at its own risk. The User understands and agrees that the Service is provided to the User on an “as is” basis, without any claims or representations and warranties of quizzes for a particular purpose. To the fullest extent permitted by applicable laws, the Company makes no representations and warranties that we have necessary skill to render the Service or that the Service have been and will be provided with due skill, care and diligence or about the accuracy or completeness of the Service’s content and assume no responsibility for any of the following:
  1. errors, mistakes, or inaccuracies of any content present;
  2. personal injury or property damage, of any nature whatsoever, resulting from your use of the Service;
  3. any interruption or cessation of transmission to or from the Service;
  4. any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Service through the actions of any third party;
  5. removal or deletion of (or the failure to remove or delete) any of your User Content from the Service;
  6. any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Service.
  1. The Company does not warrant, endorse, guarantee or assume responsibility for any product or service displayed and advertised by a third party on or via the Website.
  2. The User represents and warrants that:
  1. the User is at least 16 years old;
  2. the User acknowledges and is responsible for any User Content the User makes available to the Company and, thereby, to the public
  3. all information submitted by the User is truthful and accurate;
  4. the user has all rights that are necessary to grant us a license in accordance with Section 7.4;
  5. the User will use the Service only for its own benefit and not for any commercial gains, unless separately agreed with the Company;
  6. use of the Service by the User does not violate any applicable laws or regulations;
  7. the User has all the necessary rights to publish the User Content;
  8. neither your User Content, nor your use and provision of your User Content to be made available through the Service, nor any use of your User Content by the Company in or through the Service will 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;
  9. the User will not use the Service or the Website in a manner that (a) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party (including the Company), (b) violates any applicable law, statute or regulation, including privacy regulations (c) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, or otherwise objectionable, (d) contains a virus or other harmful computer code, file, or program, (e) endangers the security of the User’s Account or anyone else’s Account (such as allowing someone else to log in to the Account and the Service as the User), (f) violates the security of any computer network, or cracks any passwords or security encryption codes, or (g) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Service;
  10. in case the User inserts any personal or other protected information into the Service, the User has all the relevant rights to use such information in the Service.

  1. INFORMATION TECHNOLOGY AND INTELLECTUAL PROPERTY
  1. Unless otherwise stated all Content is owned by or licensed to the Company. The foregoing also applies towards any software solutions or parts of it, programs and code present in the Website or Service.
  2. The Company grants to the User a limited, non-exclusive, not sub-licensable licence to access and use the Content, for the User’s personal use, as, and if required, for the use of the Services.
  3. No User is allowed to sell, distribute, publicly display, modify, otherwise alter or make any derivative use of the materials, including Content, present in the Service and on the Webpage, or any portion thereof, unless such User has been granted an express and written prior permission to do so by the Company.
  4. In case the User’s actions or activities conducted in connection with the Website or Service or while using the Website or Service amount to User Content which is copyright protected work under applicable legislation, the User will automatically grant to the Company, from the moment of the creation of such work, a non-exclusive, world-wide, sub-licensable, free-of-charge licence to inter alia use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works, of, display, perform, and otherwise fully exploit the User Content in connection with the Website or the Service, which is valid until the copyright is protected under applicable legislation, in relation to such work. The Company does not claim any ownership rights to any User Content.
  5. As stated in Section 7.1, the Company retains full ownership and/or exclusive licence of any software, program, code or parts of it. The foregoing might be protected by security measures, which you are not authorised to change, disseminate, hack or alter in any way.

  1. THIRD PARTY CONTENT
  1. The Website and the Service may contain links to other websites and services on the Internet. External websites may link to this Website. Third party content displayed on the Website and the Service are not covered by the Terms nor any other related document (e.g. Privacy Policy). Third party content is out of our control and you acknowledge that we are not responsible for any third party content that may be accessed through this Website or from which this Website may be accessed.

  1. MISCELLANEOUS
  1. The Company may unilaterally amend these Terms without providing any advance notice or justification thereto. Any amendments to the Terms shall take effect as of making them accessible on the Website or as of a date specified in such amendments.
  2. A failure of the Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
  3. If any part of these Terms is held to be invalid or unenforceable, such determination shall not invalidate any other provision of these Terms.
  4. The Company may assign these Terms (either collectively or each right and/or obligation separately, as decided by the Company) to its parent company, affiliate or subsidiary without the consent of the Users. The Users may not assign any rights or obligations they have under these Terms without the prior written approval of the Company.
  5. These Terms are governed by the laws of Republic of Korea. Any dispute, controversy or claim arising out of or in connection with these Terms, or the breach, termination or invalidity hereof, which the Parties have failed to solve by negotiations will be settled in Seoul Central District Court of Korea.