Terms of Service
Kwizz Games End User License Agreement Terms & Conditions
The following terms of service and end user license agreement (“EULA”) constitute an agreement between you and Kwizz Games. This EULA governs your use of Software and Services (as specified below).
For purposes of this EULA "Software" means all software programs made available by Kwizz Games including, but not limited to apps, games, websites, downloadable/installable apps/games for personal computer, and apps/games accessed by means of a browser or other online communication method. Software also includes updates and upgrades as well as accompanying manual(s), packaging and other written, files, electronic or on-line materials or documentation, and any and all copies of such software and its materials.
“Services” means all services made available by Kwizz Games, including but not limited to services accessed through apps, games, products, websites by means of a browser or by other online communication method.
Software and Services are collectively referred to as “Kwizz Games Services”.
The Software is licensed, not sold. Your use of the Software (as specified below) is subject to the Terms & Conditions set forth in this EULA. By installing, using or accessing the Kwizz Games Services or any materials included in or with the Kwizz Games Services, you hereby accept the terms of this EULA. If you do not accept the terms of this EULA, do not install, use or access the Kwizz Games Services
1. Licenses
Software License: Subject to this EULA and its terms and conditions, Kwizz Games hereby grants you a non-exclusive, non-transferable, non-sub licensable, limited right and license to use one copy of the Software for your personal non-commercial use for gameplay on a single gaming unit, unless otherwise specified in the Software documentation. The rights granted herein are subject to your compliance with this EULA. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this EULA is not to be construed as a sale of any rights in the Software.
Service License: Subject to this EULA and its terms and conditions, Kwizz Games hereby grants you a non-exclusive, non-transferable, non-sub licensable, limited right and license to use the Services as provided by Kwizz Games, for your personal non-commercial use, in the manner permitted by this EULA. The rights granted herein are subject to your compliance with this EULA.
License Term: The term of your licenses under this EULA shall commence on the date that you accept this EULA and install or otherwise use the Software and/or services and ends on the earlier date of either your disposal of the Software and/or Services or Kwizz Games’ termination of this EULA. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Software and/or Services or you otherwise use the Software and/or Services in breach of the terms of this EULA.
Ownership – No Other Licenses: Kwizz Games retains all right, title and interest in and to the Kwizz Games Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof. The Kwizz Games Services are protected by applicable Common Laws and Treaties throughout the world. Unless expressly authorized by mandatory legislation, the Kwizz Games Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Kwizz Games. All rights not expressly granted to you herein are reserved by Kwizz Games.
2. General License Conditions
You agree not to: (i) commercially exploit the Kwizz Games Services; (ii) distribute, lease, license, sell, rent, lend, convey or otherwise transfer or assign the Kwizz Games Services, any copies thereof, or any passwords or usernames of Kwizz Games Services, without the express prior written consent of Kwizz Games or as set forth in this EULA; (iii) make a copy of the Kwizz Games Services or any part thereof, including but not limited to Software (other than as set forth herein); (iv) make the Kwizz Games Services publicly available or available on a network for use or download by multiple users; (v) except as otherwise specifically provided by the Kwizz Games Services or this EULA, use or install the Kwizz Games Services (or permit others to do same) on a network for on-line use, or on more than one gaming unit at the same time; (vi) reverse engineer, decompile, disassemble, translate, prepare derivative works based on or otherwise modify the Kwizz Games Services, in whole or in part; (viii) remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Kwizz Games Services, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material; (ix) misrepresent the source of ownership of the Kwizz Games Services; (x) transport, export or re-export (directly or indirectly) into any country forbidden to receive such Kwizz Games Services by any Bangladeshi or other export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time; or (xi) scrape, build databases or otherwise create permanent copies of content returned from the Kwizz Games Services.
Kwizz Games Services may include measures to control access to the Kwizz Games Service, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this EULA. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, Kwizz Games Services will not function properly.
Kwizz Games Services may allow you to create content, including but not limited to wallpapers or screenshots. In exchange for use of Kwizz Games Services, and to the extent that your contributions through use of the Kwizz Games Services give rise to any copyright, design right or any other intellectual or industrial property right you hereby grant Kwizz Games an exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose including, but not limited to the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual and industrial property rights by applicable laws and international conventions. If not expressly prohibited by mandatory legislation, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Kwizz Games’ and other players' use and enjoyment of such assets in connection with the Kwizz Games Services and related goods and services under applicable law. This license grants Kwizz Games, and the above waiver of any applicable moral rights, survives any termination of this EULA.
The Kwizz Games Services may require an internet connection to access the Kwizz Games Services or its internet-based features, authenticate the Software, or perform other functions. In order for certain features of the Kwizz Games Services to operate properly, you may be required to have and maintain an adequate internet connection. By using the Kwizz Games Services, you acknowledge and agree that third party data transfer fees may apply depending on your data plan. Please consult your carrier for further information. If you do not maintain it then the Kwizz Games Services or certain features of the Kwizz Games Services may not operate or may cease to function properly, either in whole or in part.
3. Information Collection and Use; Privacy Policy
By installing, accessing or using the Kwizz Games Services, you consent to these information collection and usage terms, including (where applicable) the transfer of data into a country outside of Bangladesh or Common Law Jurisdictions.
Kwizz Games respects your privacy rights and recognizes the importance of protecting any information collected about you. Kwizz Games’ privacy policy as amended from time to time is available at https://sites.google.com/
4. Limitation of Liability
In no event will Kwizz Games be liable for special, incidental or consequential damages resulting from the possession, access, use or malfunction of the Kwizz Games Services, including but not limited to, damages to property, loss of goodwill, computer/gaming unit/console failure or malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to this EULA or the Software, whether arising in Tor (including negligence), contract, strict liability or otherwise and whether or not Kwizz Games have been advised of the possibility of such damage. This limitation of liability shall be applicable in its fullest extent to any country or jurisdiction where the law states otherwise. In no event shall Kwizz Games be expected to pay compensation or damages.
5. Other Terms & Conditions Termination:
This EULA will terminate automatically if you fail to comply with its terms & conditions. In such event, you must destroy all copies of the Software and all of its component parts and cease and desist from accessing any Kwizz Games Services.
Indemnity: You agree to indemnify, defend and hold Kwizz Games, its partners, affiliates, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from: (i) your acts and omissions to act in using the Kwizz Games Services pursuant to the terms of the EULA; or (ii) your breach of this EULA.
Miscellaneous: This EULA represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a written document executed by both parties. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall not be affected.
Governing Law and Dispute Resolution: This EULA will be governed by the laws of Bangladesh without reference to its choice of law rules. Any dispute, controversy or claim arising out of or relating to this EULA or the breach, termination or validity thereof shall be finally settled at Kwizz Games discretion (i) at your domicile's competent courts; or (ii) by arbitration in accordance with Common Law. The arbitration shall be conducted in Dhaka, Bangladesh in the English language. You agree that you may bring claims against Kwizz Games only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
If you have any questions concerning this agreement, you may get in touch via contact@KwizzGames.com
Privacy Policy
Kwizz Games
Games for everyone
Privacy Policy of Kwizz Games
Privacy Policy
Kwizz Games Privacy Policy
Kwizz Games (“Kwizz Games”) has adopted this privacy policy (“Privacy Policy”) to explain how Kwizz Games collects, stores, and uses the information collected in connection with Kwizz Games’ apps, games, products, websites and services (together “Services”).
Should you have any questions relating to this Privacy Policy, please contact us at contact@Kwizz Games.com or alternatively at Kwizz Games, B6-B7, Plot:35, Sonargaon Janapath Road, Sector-07, Uttara, Dhaka - 1230, Bangladesh.
By installing, using, registering to or otherwise accessing the services, you agree to this Privacy Policy and give an explicit and informed consent to the process, use and disclosure of your personal data in accordance with this Privacy Policy. If you do not agree to this Privacy Policy, please do not install, use, register to or otherwise access the services. Kwizz Games reserves the right to modify this Privacy Policy at reasonable times, so please review it frequently. Your continued use of services will signify your acceptance of the changes to this Privacy Policy.
1. Non-personal data
For purposes of this Privacy Policy, “non-personal data” means information that does not directly identify you. Additionally, non-personal data means “aggregate” and “de-personalized” information, which Kwizz Games collects to use in Kwizz Games Services, from which any personally identifiable data has been removed.
Kwizz Games may use tools or third party analytical software to automatically collect and use certain non-personal data that does not directly enable Kwizz Games to identify you. The types of non-personal data Kwizz Games may collect and use include, but are not limited to: (i) device properties, including, but not limited to IP address, Media Access Control (“MAC”) address and unique device identifier or other persistent or non-persistent device identifier ("Device ID"); (ii) device software platform and firmware; (iii) mobile phone carrier; (iv) geographical data such as zip code, area code and coarse location; (v) game progress, time used playing, score and achievements; (vi) other non-personal data as reasonably required by Kwizz Games to enhance the Services and other Kwizz Games’ products and services.
Kwizz Games may use and disclose to Kwizz Games’ partners and contractors the collected non-personal data for purposes of analyzing usage of the Services, advertisement serving, managing and providing the Services and to further develop the Services and other Kwizz Games’ services and products.
You recognize and agree that the analytics companies utilized by Kwizz Games may combine the information collected with other information they have independently collected from other services or products relating to your activities. These companies collect and use information under their own privacy policies.
Kwizz Games may supplement your personal and non-personal data with data received from third parties in connection with demographic, advertisement, market and other analytics surveys or services.
If you require a complete list of third-party analytics tools then get in touch with us at contact@KwizzGames.com
2. Ad Serving Technology
Kwizz Games reserves the right to use and disclose the collected non-personal data for purposes of advertisement by Kwizz Games or Kwizz Games’ partners. Kwizz Games may employ third party ad serving technologies that use certain methods to collect information as a result of ad serving through Services. Kwizz Games or third parties operating the ad serving technology may use demographic and location information as well as information logged from your hardware or device to ensure that appropriate advertising is presented within the Service. Kwizz Games or third parties may collect and use data for this purpose including, but not limited to IP address (including but not limited to for purposes of determining your coarse location), Device ID, MAC, software, applications, hardware, browser information, internet and on-line usage information and in-game information. The foregoing data may be used and disclosed in accordance with this Privacy Policy and the privacy policy of the company providing the ad serving technology.
You recognize and agree that the advertising companies who deliver ads for Kwizz Games may combine the information collected with other information they have independently collected from other services or products. These companies collect and use information under their own privacy policies. These ad serving technologies are integrated into Services; if you do not want to be subject to this technology, do not use or access Services. Although Kwizz Games takes commercially reasonable steps to instruct such advertising companies to comply with the terms and conditions of this Privacy Policy, Kwizz Games does not have access to or control of third party technologies.
3. Personal Data
For purposes of this Privacy Policy, “personal data” means personally identifiable information that specifically identifies you as an individual.
Likely situations when you make personal data available to Kwizz Games include, but are not limited to: (i) registration for Services, contests and special events; (ii) accessing Services using a third party ID, such as social networking sites or gaming services; (iii) subscribing to newsletters; (iv) using “email this app or game," or other similar features; (v) requesting technical support; and (vi) otherwise through use of Kwizz Games’ Services where personal data is required for use and/or participation.
The types of personal data may vary depending on the type of activity you are engaged in. The personal data Kwizz Games may collect, process and use may include, but are not limited to your name, screen/nick name, Kwizz Games Services’ or third party service ID, e-mail address, phone number, photo or other image, birthdate, sex, address, friend connections, avatar image, credit card information, shipping information; and location (only if directly identifiable to you, otherwise Kwizz Games treats location as non-personal data).
Kwizz Games may use personal and non-personal data, both individually and combined together, for purposes of analyzing usage of the Services, providing customer and technical support, managing and providing Services (including managing advertisement serving), customizing Kwizz Games’ communications and to further develop the Services and other Kwizz Games’ services and products. Kwizz Games may combine non-personal data with personal data.
Kwizz Games may use your personal data to send messages to you with informative and/or commercial content about Kwizz Games’ services or third party products and services Kwizz Games thinks may be of interest to you, such as new features and services, special offers and updated information.
Please note that certain features of the Services may be able to connect to your social networking sites to obtain additional information about you such as in the ‘Free Gifts’. In such cases, Kwizz Games may be able to collect certain information from your social networking profile when your social networking site permits it, and when you consent to allow your social networking site to make that information available to Kwizz Games. This information may include, but is not limited to, your name, profile picture, gender, user ID, email address, your country, your language, your time zone, the organizations and links on your profile page, the names and profile pictures of your social networking site “friends” and other information you have included in your social networking site profile. Kwizz Games may associate and/or combine as well as use information collected by Kwizz Games and/or obtained through such social networking sites in accordance with this Privacy Policy.
4. Request user data deletion
When you install and use Kwizz Games mobile applications, we can collect and process some of your data for different legitimate purposes.
You will find below explanations regarding the reasons why we may collect data.
Why is data collected?
Kwizz Games and its third-party partners collect data:
To provide you with the services you asked for
To run analytics and understand how users interact with our product and services to improve them continuously
The third-party partners that Kwizz Games will share the data with are:
GameAnalytics
Facebook Analytics
Adjust
Data deletion requests
To delete user data collected by Kwizz Games, please reach out to contact@KwizzGames.com.
If you also want to request the deletion of the data that may have been collected about you or your device by our third-party partners that are acting as independent data controllers, you will find below the contact for each partner and the link to the relevant section of their privacy policies:
GameAnalytics:
email: privacy@gameanalytics.com
privacy policy: https://gameanalytics.com/
Facebook Analytics:
email: none, please refer to the privacy policy
privacy policy: https://www.facebook.com/
Adjust:
email: privacy@adjust.com
privacy policy: https://www.adjust.com/terms/
5. Disclosure and Transfer of Personal Data
Personal data may be disclosed in accordance with applicable legislation and this Privacy Policy.
Kwizz Games may hire agents to collect and process personal data on Kwizz Games’ behalf and in such cases such agents will be instructed to comply with our Privacy Policy and to use personal data only for the purposes for which the third party has been engaged by Kwizz Games. These agents may not use your personal data for their own marketing purposes. Kwizz Games has the right to share your personal data as necessary for the aforementioned third parties to provide their services for Kwizz Games. Kwizz Games is not liable for the acts and omissions of these third parties, except as provided by mandatory law.
Kwizz Games may disclose your personal data to third parties as required by law enforcement or other government officials in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose you or Kwizz Games to legal liability. Kwizz Games may also disclose your personal data to third parties when Kwizz Games has a reason to believe that a disclosure is necessary to address potential or actual injury or interference with Kwizz Games’ rights, property, operations, users or others who may be harmed or may suffer loss or damage, or Kwizz Games believes that such disclosure is necessary to protect Kwizz Games’ rights, combat fraud and/or comply with a judicial proceeding, court order, or legal process served on Kwizz Games. To the extent permitted by applicable law, Kwizz Games will make reasonable efforts to notify you of such disclosure through Kwizz Games’ website, blog, forums, social networking pages or in another reasonable manner.
6. Data Retention and Correctness
Kwizz Games retains the data collected pursuant to this Privacy Policy for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. Thereafter if the collected data is no longer needed for purposes specified in this Privacy Policy, Kwizz Games deletes all aforementioned data in its possession within a reasonable timeframe. Kwizz Games does not verify the correctness of personal data.
Irrespective of the above, Kwizz Games may still retain some of the data to the extent such retention is necessary to resolve disputes, enforce Kwizz Games user agreements, and comply with technical and legal requirements and constraints related to the security, integrity and operation of Services.
7. Cookies, beacons and tracking
The Services may use “cookies” and other technologies such as pixel tags, locally shared objects, clear GIFs and web beacons. Kwizz Games treats information collected by cookies and similar technologies as non-personal data.
Cookies: A “cookie” is a small bit of record-keeping information that websites often store on a user's computer. Kwizz Games’ cookies do not include personal data and are typically used to quickly identify your device and to “remember” you. You can disable cookies or set your browser to alert you when cookies are being sent to your device; however, disabling cookies may affect your ability to use the Services.
Flash cookies & HTML5: Kwizz Games may also use Flash cookies (locally shared objects) and HTML5 storage (locally stored objects). Locally shared objects are small files similar to browser cookies and are used to remember your settings to personalize the look and feel of the Services. Locally shared objects only collect data in the aggregate. You may prevent locally shared objects from being placed by disabling locally stored objects in your browser or visit www.adobe.com. Locally stored objects, such as HTML5 Web Storage, are used for similar purposes as cookies but typically may contain a greater amount and different types of data than browser cookies.
Web Beacons and pixel tags: A “web beacon” or a “pixel tag” is an electronic image that allows Kwizz Games to count users who have visited certain pages or viewed certain advertisements. Web beacons, like cookies, do not include personal data. E-mails and other electronic communications Kwizz Games sends to you may contain pixel tags that enable Kwizz Games to track your usage of the communication, including whether the communication was opened and/or what links were followed, if any.
8. Third Party Terms and Conditions
Please note that your access to and use of the Services may be subject to certain third party terms and conditions and privacy policies, including but not limited to application stores (such as Apple iTunes or Google Play), map data providers, mobile software platforms, on-line gaming platforms, social networking services ( such as Facebook and Google+) and payment providers. You recognize and agree that Kwizz Games is not liable for any such third party terms and conditions and their use of your personal data.
Kwizz Games may in its discretion make available links through advertisements or otherwise enable you to access third party products or services. Please note that, while using such products or services, you are using products or services developed and administered by people or companies not affiliated with or controlled by Kwizz Games. Kwizz Games is not responsible for the actions of those people or companies, the content of their products or services, the use of information you provide to them, or any products or services they may offer. The fact that Kwizz Games is linking to those products or services does not constitute our sponsorship of, or affiliation with, those people or companies.
Please note that certain Services that Kwizz Games may offer, such as social networking games and gaming console services, may use third party services to provide authentication for the Services with a gaming console ID, social networking ID or gaming network account. When you register to join or use the Services from a third-party gaming or social networking system, certain personally identifiable user and/or membership data may be transferred automatically to and from Kwizz Games and you hereby consent to the processing, using, combining, disclosing and retaining of such data in accordance with this Privacy Policy by Kwizz Games.
9. Safeguards
Kwizz Games follows generally accepted industry standards and maintains reasonable safeguards to attempt to ensure the security, integrity and privacy of the information in Kwizz Games’ possession as enabled by Common Law. Only those persons with a need to process your personal data in connection with the fulfillment of their tasks in accordance with the purposes of this Privacy Policy and for the purposes of performing technical maintenance, have access to your personal data in Kwizz Games’ possession. Personal data collected by Kwizz Games is stored in secure operating environments that are not available to the public. To prevent unauthorized on-line access to personal data, Kwizz Games maintains personal data behind a firewall-protected server. However, no system can be 100% secure and there is the possibility that despite Kwizz Games’ reasonable efforts, there could be unauthorized access to your personal data. By using the Services, you assume this risk.
10. Other
Please be aware of the open nature of certain social networking features of the Services Kwizz Games may make available to you. You may choose to disclose data about yourself in the course of contributing user generated content to the Services. Any data that you disclose in any of these forums, blogs, chats or the like is public information, and there is no expectation of privacy or confidentiality. Kwizz Games is not responsible for any personal data you choose to make public in any of these forums.
If you are under 13 years of age or a minor in your country of residence, please ask your legal guardian’s permission to use or access the Services. Kwizz Games encourages parents and/or guardians to play an active role in their children's online experience at all times. Kwizz Games does not knowingly collect any personal information from children under 13 years of age and if Kwizz Games learns that Kwizz Games has inadvertently gathered personal data from children under 13 years of age, Kwizz Games will take reasonable measures to promptly erase such personal data from Kwizz Games’ records.
11. Further information
Any and all use of your personal data by Kwizz Games is governed by English law and not the laws where you may be located.
Should you wish to opt-out from receiving communications (such as newsletters or offers) from Kwizz Games, please get in touch with us via contact@KwizzGames.com
Kwizz Games regularly reviews its compliance with this Privacy Policy. If Kwizz Games receives a formal written complaint from you regarding any and all data stored about you, Kwizz Games will attempt to contact you directly to address any of your concerns. Kwizz Games will cooperate with the appropriate governmental authorities, including data protection authorities, to resolve any complaints regarding the collection, use, transfer or disclosure of personal data that cannot be amicably resolved between you and Kwizz Games. Any dispute, controversy or claim arising out of or relating to this Privacy Policy or the breach, termination or validity thereof shall be finally settled at Kwizz Games’ discretion (i) at your domicile's competent courts; or (ii) by arbitration in accordance with Common Law. The arbitration shall be conducted in England, United Kingdom in the English language. You agree that you may bring claims against Kwizz Games only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
If you have any questions concerning this document, you may get in touch via contact@KwizzGames.com