QuizTrail Terms of Use

Introduction



QuizTrail is operated by Quiztrail Limited ("Quiztrail"), a limited liability company incorporated under the laws of England having its registered office at Yew Tree House, Forest Row, East Sussex, RH18 5AA.

These terms and conditions of use (the "Terms") govern your use of the QuizTrail Platform which comprises the website www.quiztrail.com and the QuizTrail App ("the Platform"). You will be deemed to be bound by these Terms when you use, access or browse the Site, register your details with us, submit an email, upload content to your Profile page or devise or follow a Trail at any location in any country or territory.

These terms and conditions of use apply to your use of the QuizTrail website and App. Use of the website or the App constitutes your acceptance of these terms that take effect when you first use the website or the App. If you do not agree to any of these terms and conditions, you must not access, use and/or contribute to our website or the QuizTrail App.

These terms and conditions of use apply to any use of the website and App including devising and publication of Trails (as a "Trailblazer") and the following of Trails (as a "Trail Seeker").

QuizTrail reserves the right to make changes to the Terms from time to time. You must look at the Terms regularly to check for such changes. Your continued use of the Platform after the date the revised Terms are published will constitute your acceptance of the revised Terms.

Intellectual property



Subject to these Terms and Conditions, all Content included on the website and application, unless uploaded by Users, including underlying code and software is the property of QuizTrail. By continuing to use the website and application you acknowledge that this material is protected by applicable United Kingdom and International intellectual property and other laws.

QuizTrail and its logo are trademarks or registered trademarks being the property of QuizTrail who reserve all rights to the trademarks.

Licence to use the Platform



You agree to use the QuizTrail Platform only in a considerate and responsible way that does not infringe anyone's rights or restrict or inhibit anyone else's use and enjoyment of the website, the App or the Trails. In particular, you must not:
  • use the website and App for any purpose whatsoever that is against the law;
  • harass or cause distress or inconvenience to any person;
  • in setting Trails or uploading content to your Profile page include any defamatory, libellous, racist, obscene, indecent or other content that could cause offence or anxiety to anyone else;
  • use the Platform in any way that could cause interruption or damage to them.


User generated content



You must not use the website in a manner, or upload any material or link to any material, which is fraudulent, obscene, offensive, defamatory, racist, abusive or in breach of any third party rights (including intellectual property rights).

You are solely responsible for your own content posted on your Profile page and/or incorporated into Trails that you devise for publishing in the Trail Store. QuizTrail does not endorse any content or any opinion, recommendation, or advice expressed by users. QuizTrail expressly disclaims any and all liability in connection with content published on its Platform by users.

On becoming aware of a potential violation of these Terms, QuizTrail reserves the right (but shall have no obligation) to decide whether user-generated content posted to the Platform violates the requirements of these Terms and may remove such content and/or terminate a user's account at any time, without prior notice and at its sole discretion.

Any agreement that Trailblazers may reach with third parties in connection with their content (such as sponsors or beneficiaries of Trails or advertising partners) must not cause these Terms between the user and QuizTrail to be violated.

About your Trails



You can use the website to generate Trails as a Trailblazer by uploading directions to outdoor locations together with questions that will appear when a Trail Seeker reaches the pre-determined locations and a choice of answers which are either in text or in the form of digital images. All uploaded material must comply with clause 4 above (user generated content) and by uploading such material you warrant that all third party consents have been obtained by you for the use of digital images and the text of questions, answers and directions.

You further warrant that all necessary permissions have been secured in advance from property owners where you have set Trails that are likely to cause Trail Seekers to encroach onto private property. Where you set Trails that may result in large numbers of Trail Seekers congregating in public areas, it is your responsibility, as Trailblazer, to ensure that any permissions or licences from the relevant local or police authorities are obtained in advance.

You further warrant that in devising Trails you will at all times take appropriate precautions to ensure the safety of Trail Seekers, in particular to set routes that are safe and that players are not expected to venture into potentially dangerous areas such as unstable ground, cliff edges, areas subject to tidal or other flooding, military areas, building sites, unsafe neighbourhoods or places where pedestrians are prohibited or at risk of injury. You will identify any specific hazards and indicate Trails that are physically demanding, in the directions when you devise Trails.

You agree that the health and safety of those participating in Trails that you devise and publish are paramount and you further agree to indemnify QuizTrail and hold QuizTrail harmless against any claims, costs or expenses resulting from any breach of the above provision.

Health and Safety when participating in Trails



When participating in Trails, either paid for, free, public or invitation-only, you are solely responsible for your own health and safety and, in particular, for any children that accompany you.

Although Trailblazers warrant that the safety of players is paramount when devising and publishing their Trails through QuizTrail, players must take account of weather, traffic and other conditions at the time they follow the Trail.

Any outdoor pursuit can be hazardous and it is your responsibility to take appropriate and effective precautions.

You agree to indemnify QuizTrail and hold QuizTrail harmless against any claims, costs or expenses resulting from any breach of this provision.

Competitions and Prizes



If any prizes are offered to Trail Seekers for participating in a Trail, this becomes a contract between the Trailblazer devising the game and offering such prizes and the Trail Seekers who participate in the game.

The Trailblazer of any Trail where he/she offers prizes is solely responsible for managing the offering of prizes, publication of prizes on offer, rigorously checking the scores of all players who participate to ensure that the prizes are awarded to the player(s) whose score on the Trail best meets the terms of the prize award, ensuring that the prize is physically received by the prize-winner and publishing details of the award and winning score to inform other Trail Seekers who follow the relevant Trail.

In offering prizes for their Trails, Trailblazers indemnify QuizTrail for any claims, costs or expenses resulting from any breach of this provision.

Further, Trailblazers agree to keep records of scores and receipts for the award of prizes for a minimum period of six months after the award of any prize and to make this information available to QuizTrail or to Trail Seekers who participated in the Trail in question if called upon to do so. In doing so, Trailblazers acknowledge that while the responsibility for offering and awarding prizes is theirs, considerable reputational loss could be suffered to themselves and to QuizTrail if Trail Seekers were to call into question the process followed by the Trailblazer in offering and awarding prizes for any Trail.

Payments



Payments for downloading the App and for purchasing credits for hint are made through the App Store and Apple website, and the App Store terms and conditions shall apply to such downloads and purchases.

While a number of Trails in the Trail Store are free to play, others are pay-to-play. Payments for these games are made through this website using PayPal, whose terms and conditions apply to such transactions. If you wish to devise or to play pay-to-play Trails you will require a PayPal account which can be set up using www.paypal.com.

Trailblazers receive a fixed percentage of the pay-to-play fee, currently 70%. The remaining 30% comprises PayPal charges and a QuizTrail hosting and administration fee. The fee due to the Trailblazer will be paid to the Trailblazer's PayPal account by QuizTrail within 30 days of the relevant Trail Seeker completing the game.

Your account



You can create a QuizTrail account or sign in using Facebook. Accounts must be registered with a valid personal email address that you access regularly so that we can contact you if necessary. QuizTrail reserves the right to close accounts where we have valid reasons to believe that you are abusing the QuizTrail Platform.

These Terms apply in full until you close your account with QuizTrail, but the legal rights and obligations that you have been subject to in respect of users of your Trails will be unaffected by this cessation, in particular until Trail Seekers have completed your Trails that they have purchased and any prizes have been awarded.

Online safety



You should never reveal any personal information about yourself (for example: full name, telephone number, home address or any other details that would allow you to be personally identified) to anyone in connection with your use of QuizTrail.

We recommend that you do not agree to meet the Trailblazer to collect any prize unless they are personally known to you or unless the prize is to be awarded at an 'after party' or other event where others will be present.

Lawful use



As a Trailblazer you agree to upload questions and answers and set Trails which are your own work and not plagiarised from other sources. You are responsible for all licensing, reporting and payment obligations of any kind to third parties in connection with any material you upload as part of a Trail. Any submission made with the intention of committing or promoting an illegal act is strictly prohibited.

Use of the App by children



While some of the games are designed with children in mind, parents are requested to bear in mind that these Trails are outdoor pursuits and as such carry risks for all participants, both children and adults.

If you are under the age of 16 you must obtain the consent of your parents or legal guardian before embarking on a Trail without an accompanying adult. Please follow basic safety rules if you are using the QuizTrail App without an adult: (a) always make sure you go with a friend and not alone; and (b) let your parents or others know what you are doing and when you expect to be back.

Dress appropriately for the weather conditions. Trails are great fun, but don't put yourself in any danger by taking unnecessary risks outdoors.

You agree that you will use QuizTrail and its connected website and App entirely at your own risk.

Complaints and take down policy



Please contact us with any complaint about our website or App, or if you have a complaint about an item of content that has been uploaded by another user or if you believe your copyright has been infringed. Please submit full details to info@QuizTrail.com

Privacy and data protection



QuizTrail conforms to relevant UK data protection legislation. We use any personal information that is supplied to us for the sole purpose of administering the website and the QuizTrail App and we collect the least amount of information necessary for this purpose.

We may use your email address to send you information about QuizTrail but you are free to unsubscribe from this facility at any time. We will never make any personal information available to any third party.

Trailblazers are supplied with the email addresses of players who sign up for a Trail devised by them in order that they may contact them about the Trail. In using this website, Trailblazers accept their responsibility to keep all such data safe and secure and not to use it for any purpose other than for the proper conduct of the relevant Trail. All such data must be safely deleted by the Trailblazer on conclusion of the Trail Seeker's participation in the relevant Trail. Data of players who are likely prize winners should be retained until the prize(s) has/have been awarded, at which point it must be deleted. Evidence of delivery of prizes must be retained by Trailblazers for six months in case of enquiries by other players.

You have a right to view, change or delete any data referring to you.

Disclaimers and limitation of liability (including refunds)



The content of Trails is user-generated by Trailblazers. Any views expressed are not those of QuizTrail and the accuracy of the material incorporated is the responsibility of the individual Trailblazer. QuizTrail is not responsible for such content although we do check uploaded material to make sure, as far as we can, that Trails are accurate and user friendly. QuizTrail does not view the content of private quizzes, which are not hosted in the Trail Store.

Please feed back any errors or other problems directly to the Trailblazer. If you are not satisfied with the response you receive, you should advise QuizTrail at info@QuizTrail.com and we will investigate and, if appropriate, suspend the game.

If you wish to pursue a refund of the download fee for a Trail, please provide us with full particulars of your complaint to info@QuizTrail.com No other refunds or compensation will be considered.

General



The Terms constitute the whole legal agreement between you and QuizTrail and govern your use of the service and completely replace any prior agreements between you and QuizTrail in relation to the service. All other terms of service that QuizTrail has in place from time to time are expressly excluded from the Terms.

You agree that QuizTrail may provide you with notices, including those regarding changes to the Terms, by email or postings on the website.

You agree that if QuizTrail does not exercise or enforce any legal right or remedy which is contained in the Terms (or which QuizTrail has the benefit of under any applicable law), this will not be taken to be a formal waiver of QuizTrail's rights and that those rights or remedies will still be available to QuizTrail.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

The failure or delay by QuizTrail to exercise or enforce any right in these terms does not waive QuizTrail's right to enforce that right.

These terms shall be governed by and interpreted in accordance with English law and you agree with QuizTrail to submit to the exclusive jurisdiction of the English courts.

March 2014