Terms & Conditions

1. Introduction

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Welcome to QuizPod (the “Service”), operated by Mezuma Capital, LLC (“we,” “our,” or “us”), a company based in Wisconsin. These Terms and Conditions govern your use of our website and mobile app. By accessing or using the Service, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use the Service.

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2. Eligibility

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You must be at least 13 years old to use the Service. By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and abide by all of the terms and conditions set forth herein.

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3. Account Registration

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To access certain features of the Service, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and update such information to keep it accurate, current, and complete.

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4. Privacy Policy

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We value your privacy and are committed to protecting your personal information. Please refer to our Privacy Policy at quizpod.com/privacy-policy for information on how we collect, use, and disclose your personal information. By using the Service, you consent to the collection and use of your information as outlined in the Privacy Policy.

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5. User Content

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You are solely responsible for any content that you submit, post, or otherwise make available through the Service. By uploading or submitting content to the Service, you confirm that you either own the content or have obtained all necessary rights, licenses, and permissions to use and authorize us to use the content. You retain ownership of your content but grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, distribute, reproduce, and display such content in connection with the Service.

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You agree to indemnify and hold harmless Mezuma Capital, LLC, its affiliates, and its and their respective officers, directors, employees, and agents from any claims, damages, liabilities, and expenses arising out of or related to any content you upload or submit, including any claim that your content infringes the intellectual property rights of a third party.

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6. Prohibited Activities

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You agree not to engage in any of the following prohibited activities:

• Violating any applicable laws or regulations.

• Posting or transmitting content that is illegal, harmful, or offensive.

• Attempting to gain unauthorized access to the Service or other users' accounts.

• Engaging in any activity that disrupts or interferes with the Service.

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7. Intellectual Property

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All content and materials available on the Service, including but not limited to text, graphics, logos, and software, are the property of Mezuma Capital, LLC or its licensors and are protected by intellectual property laws. You agree not to copy, distribute, modify, or create derivative works of any part of the Service without our prior written consent.

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8. Disclaimer of Warranties

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The Service is provided on an "as-is" and "as available" basis without any warranties of any kind, either express or implied. We do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components.

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9. Limitation of Liability

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To the fullest extent permitted by law, Mezuma Capital, LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, or goodwill, arising out of or related to your use of the Service.

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10. Indemnification

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You agree to indemnify and hold harmless Mezuma Capital, LLC, its affiliates, and its and their respective officers, directors, employees, and agents from any claims, damages, liabilities, and expenses arising out of or related to your use of the Service or violation of these Terms.

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11. Governing Law

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These Terms shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Wisconsin.

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12. GDPR Compliance (If applicable)

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If you are located in the European Union, you have certain rights under the General Data Protection Regulation (GDPR). These rights include the right to access, correct, or delete your personal information. For more details, please see our Privacy Policy at quizpod.com/privacy-policy.

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13. California Consumer Privacy Act (CCPA) Compliance (If applicable)

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If you are a resident of California, you have certain rights under the California Consumer Privacy Act (CCPA). These rights include the right to know what personal information is being collected, the right to request deletion of your personal information, and the right to opt-out of the sale of your personal information. For more details, please see our Privacy Policy at quizpod.com/privacy-policy.

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14. California Online Privacy Protection Act (CalOPPA) Compliance

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In accordance with the California Online Privacy Protection Act (CalOPPA), we are required to post a privacy policy and abide by it. As a part of our compliance:

• We will identify the categories of personally identifiable information (PII) that we collect, which may include your name, email address, phone number, or other details to help you with your experience.

• We will explain how that information is shared with third parties.

• We will describe how users can review and request changes to their personal information.

• We will provide a clear notice on our homepage, or on the first significant page after entering our website, with a link to our Privacy Policy.

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CalOPPA requires us to inform you about the following:

• "Do Not Track" Signals: We honor Do Not Track (DNT) signals and do not track, plant cookies, or use advertising when a DNT browser mechanism is in place.

• Third-Party Behavioral Tracking: We allow third-party behavioral tracking, and you can review our Privacy Policy to see how to opt-out.

For more details, please refer to our Privacy Policy at quizpod.com/privacy-policy.

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15. Termination of Service

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We reserve the right to terminate or suspend your access to the Service, without prior notice or liability, for any reason whatsoever, including, but not limited to, your breach of these Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

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16. In-App Purchases and Refunds

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The Service may offer products or services for purchase (“In-App Purchases”) through the App Store, Google Play, or other platforms authorized by us. All In-App Purchases are final and non-refundable, except as required by law. If a refund is required by law, the refund will be processed through the platform used for the In-App Purchase.

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17. User-Generated Content Moderation

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We reserve the right, but not the obligation, to monitor, edit, or remove any content submitted by users that we determine, in our sole discretion, violates these Terms or is otherwise objectionable. You agree that we may exercise this right without notice to you.

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18. Links to Third-Party Websites

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Our Service may contain links to third-party websites or services that are not owned or controlled by Mezuma Capital, LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, goods, or services available on or through any such websites or services.

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19. Severability

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If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

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20. Entire Agreement

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These Terms, together with our Privacy Policy, constitute the entire agreement between you and Mezuma Capital, LLC regarding your use of the Service and supersede any prior agreements or understandings, whether written or oral, relating to the Service.

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21. Force Majeure

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Mezuma Capital, LLC shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Mezuma Capital, LLC's reasonable control, including mechanical, electronic, or communications failure or degradation.

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22. Analytics

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We use third-party service providers to monitor and analyze the use of our Service.

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22.1 Third-Party Analytics

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We may use third-party analytics tools, such as Google Analytics, to help us understand how users engage with the Service. These tools collect information sent by your device or the Service, including the pages you visit, the time spent on those pages, and other usage statistics. This information is used to improve the Service and understand user behavior.

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22.2 Data Collected for Analytics

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The data collected for analytics may include information such as your IP address, device type, operating system, browser type, geographic location, and unique device identifiers. This data is collected and processed in accordance with our Privacy Policy.

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22.3 Opting Out

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You have the option to opt out of certain analytics services. For example, you can opt out of Google Analytics by installing the Google Analytics opt-out browser add-on. For more information on how to opt-out of Google Analytics, please visit their website.

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22.4 Use of Data

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The data collected through analytics services is used for the following purposes:

• To improve the functionality and user experience of the Service.

• To understand how users interact with the Service and identify areas for improvement.

• To develop new features and services.

For more details on how we collect and use data for analytics purposes, please refer to our Privacy Policy at quizpod.com/privacy-policy.

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23. Advertising

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23.1 Third-Party Advertising

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Our Service may include third-party advertising provided by networks such as AppLovin, ironSource, AdMob, Unity Ads, InMobi, and others. These advertising networks may use cookies, web beacons, and other technologies to collect information about your interactions with the ads they serve, including the advertisements you view, click, and your actions on the websites or apps that advertise.

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23.2 Data Collection and Usage

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These third-party ad networks may collect information such as your IP address, device ID, location, and other device-related data. This information is used to provide targeted advertisements that may be of interest to you. Please refer to our Privacy Policy at quizpod.com/privacy-policy for more details on how your data is collected and used in connection with advertising.

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23.3 Opting Out of Targeted Advertising

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You can opt out of targeted advertising from certain networks through the settings in your mobile device or by visiting the network's opt-out page. For example:

• To opt out of targeted ads from AppLovin, visit the AppLovin Opt-Out Page.

• To manage your preferences with ironSource, visit the ironSource platform.

• To opt out of targeted ads from AdMob, visit the Google Ads Settings.

• To manage your preferences with Unity Ads, visit the Unity Ads Privacy Settings.

• To opt out of targeted ads from InMobi, visit the InMobi Opt-Out Page.

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23.4 Advertising Partners' Privacy Policies

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For more information on the data practices of our advertising partners, please review their privacy policies:

• AppLovin Privacy Policy

• ironSource Privacy Policy

• Google AdMob Privacy Policy

• Unity Ads Privacy Policy

• InMobi Privacy Policy

 

23.5 No Endorsement

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The inclusion of third-party advertisements does not constitute an endorsement, guarantee, or recommendation by Mezuma Capital, LLC. We are not responsible for the content or practices of the third-party services linked to or advertised in the Service.

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24. User Responsibilities

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As a user of the Service, you agree to:

• Keep your account login details secure and confidential.

• Notify us immediately if you suspect any unauthorized use of your account.

• Use the Service in accordance with all applicable laws and regulations.

• Refrain from any activity that could harm, disrupt, or interfere with the functioning of the Service.

 

25. Prohibited Uses

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In addition to the prohibited activities listed in Section 6, you agree not to:

• Use the Service for any unlawful purpose or to solicit others to perform or participate in any unlawful acts.

• Attempt to exploit any part of the Service by reverse engineering, decompiling, or hacking.

• Use any automated system, including but not limited to robots, spiders, or offline readers, to access the Service.

• Use the Service to transmit or distribute any malicious code, viruses, or other harmful software.

 

26. Changes to the Service

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We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

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27. Third-Party Services

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The Service may include links to or integrations with third-party services, websites, or content that are not owned or controlled by Mezuma Capital, LLC. We are not responsible for the content, policies, or practices of the third-party services, and you agree that we shall not be liable for any damages or losses arising from your use of or reliance on such services.

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28. Feedback and Suggestions

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Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

29. Limitation of Liability for Mobile Applications

Mezuma Capital, LLC is not responsible for any issues, damages, or losses that may arise from the use of our mobile applications, including but not limited to issues related to device compatibility, software bugs, or data loss. You use the mobile applications at your own risk.

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30. Children’s Online Privacy Protection Act (COPPA) Compliance

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The Service is not directed to children under the age of 13. We do not knowingly collect personal information from children under 13. If we become aware that we have inadvertently collected personal information from a child under 13, we will take steps to delete such information. If you believe we might have any information from or about a child under 13, please contact us immediately.

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31. Data Security

We take reasonable measures to protect your information from unauthorized access, use, or disclosure. However, no method of transmission over the internet or method of electronic storage is 100% secure, and we cannot guarantee absolute security. You acknowledge that you provide your personal information at your own risk.

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32. Contacting Us for Support

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If you need assistance with the Service or have any questions, you can contact us at:

Mezuma Capital, LLC
1111 E. Fairy Chasm Rd., Milwaukee, WI 53217
Email: quizpodgames@gmail.com
No phone number. No support hours.

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33. Injunctive Relief

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You acknowledge that any breach of these Terms may cause irreparable harm to Mezuma Capital, LLC, for which monetary damages would not be an adequate remedy. Accordingly, in addition to any other remedies that may be available, Mezuma Capital, LLC may seek injunctive relief to prevent or restrain any such breach, or threatened breach, without the necessity of proving actual damages or posting a bond.

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34. No Injunctive Relief

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You agree that any loss, damage, or harm you suffer in connection with your use of the Service is not irreparable or sufficient to entitle you to an injunction or other equitable relief of any kind. This means that, in connection with any claim you may have against Mezuma Capital, LLC, you agree that your sole remedy will be monetary damages, if any, and you will not seek injunctive or other equitable relief.

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35. User-Generated Content Ownership and Licensing

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By submitting or posting content on or through the Service, you grant Mezuma Capital, LLC a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or have the necessary rights to grant this license and that the content does not violate the rights of any third party.

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36. No Waiver

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The failure of Mezuma Capital, LLC to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Mezuma Capital, LLC.

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37. Assignment

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You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Mezuma Capital, LLC. We may assign or transfer our rights and obligations under these Terms without restriction.

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38. Survival

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The provisions of these Terms that by their nature should survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability, shall survive termination.

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39. Governing Language

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These Terms and any related documents are provided in English. If these Terms are translated into any other language, and there is a discrepancy between the English text and the translated text, the English version shall govern.

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40. Geographic Restrictions

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The Service is based in the United States and is intended for access and use primarily within the United States. We make no representations that the Service is appropriate or available for use in other locations. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

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41. Additional Terms for Specific Features

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Certain features or services offered on the Service may be subject to additional terms and conditions. By using those features or services, you agree to the additional terms, which are incorporated into these Terms by this reference. In the event of a conflict between these Terms and any additional terms, the additional terms will control.

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42. Payment Terms

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If you purchase any products or services through the Service, you agree to pay all applicable fees and taxes. All payments are non-refundable unless otherwise stated. We reserve the right to change our pricing and payment policies at any time. Any changes will be communicated to you in advance and will apply to subsequent purchases.

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43. Informal Arbitration

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Before initiating any legal action, you and Mezuma Capital, LLC agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Service (each a "Dispute") through informal arbitration in good faith.

To initiate informal arbitration, a party must provide written notice to the other party describing the nature and basis of the Dispute and the requested relief. If the Dispute is not resolved within 30 days after the notice is received, either party may proceed to seek formal legal action, subject to the terms of this agreement.