MyIQGame.com Terms of Service
1. General. "MyIQGame" operating as myiqgame.com offers games, activities
and services. Your use of MyIQGame.com is subject at
all times to our Terms of Service and our Privacy Policy. You represent and warrant to
MyIQGame that you have full power and authority to enter into this agreement and
that the technology used by you in connection with this agreement are owned or
legally licensed for use by you. MyIQGame does not warrant or represent that the
service will meet all or any of your needs or requirements, or that performance
of MyIQGame's service will be uninterrupted or error free.
The Terms of Service and any posted rules or instructions regarding a game,
activity, contest or service, constitutes the entire agreement between you and
MyIQGame regarding your rights and obligations in your use of the service. If
there is any conflict between the Terms of Service and any other rules or
instructions posted on MyIQGame, MyIQGame shall resolve the conflict in its sole
discretion. If you have questions about the Terms of Service, please contact us at myiqgame@gmail.com.
The term of this Agreement shall commence on the date MyIQGame sells you a
product, service or membership and shall continue in force thereafter until terminated.
2. Email Address. When you request your free IQ test results, we will use your email address to send your results and as a way to keep in contact with you to provide more information about relevant products and services.
To get your free IQ test results you must enter a valid email address. You can stop receiving emails from us by clicking on the "unsubscribe" link at the bottom of the email.
3. Terms of Use.
You agree that you will be personally responsible for your use of MyIQGame and
for all of your communication and activity on the service, including any Content
you contribute, and that you will indemnify and hold harmless MyIQGame, its
agents, employees, affiliates, officers and members/managers from any liability
or damages arising from your conduct on MyIQGame, including any Content that you
contribute.
4. Proprietary Rights; Copyrights and Trademarks. Much of the Content
available on MyIQGame is owned by MyIQGame, or our licensors, and is protected
by copyrights, trademarks, and other intellectual property rights. You shall not
copy or download any Content from MyIQGame unless we have expressly authorized
you to do so. You shall not copy, transmit, modify, distribute, show in
public or in private, modify or create any derivative works from the Content you
find on MyIQGame, unless MyIQGame expressly authorizes you to do so in writing.
Making unauthorized copies of any Content found on MyIQGame can lead to the
termination of your account(s) and may subject you to further legal action.
Similarly, other content owners may take criminal or civil action against you.
In that event, you agree to indemnify and hold harmless MyIQGame, and its
subsidiaries, affiliates, related companies, employees, officers,
members/managers and agents.
5. External Links. MyIQGame may include hyperlinks to web sites operated by parties other than
MyIQGame including advertisers and other content providers. Those sites may
collect data or solicit personal information from you. MyIQGame does not control
such web sites, and is not responsible for their content, privacy policies, or
for the collection, use or disclosure of any information those sites may
collect.
6. LIMITATIONS ON WARRANTY AND LIABILITY. MyIQGame AND MyIQGame AFFILIATES SHALL NOT BE LIABLE HEREUNDER FOR SERVER
DOWNTIME, DATA LOSS OR BY REASON OF ANY FAILURE OR DELAY IN THE PERFORMANCE OF
ITS OBLIGATIONS ON ACCOUNT OF STRIKES, SHORTAGES, RIOTS, INSURRECTION, FIRES,
FLOOD, STORM, EXPLOSIONS, EARTHQUAKES, INTERNET OUTAGES, ACTS OF GOD, WAR,
TERRORISM, GOVERNMENTAL ACTION OR ANY OTHER CAUSE THAT IS BEYOND THE REASONABLE
CONTROL OF MyIQGame OR ITS AFFILIATES.
7. INDEMNIFICATION. Upon request by MyIQGame, you agree to defend,
indemnify and hold harmless MyIQGame, and its affiliates, subsidiaries,
employees, contractors, officers, members/managers, vendors and content
providers from all liabilities, claims and expenses, including attorneys' fees,
that arise from a breach of these Terms of Service for which you are in any way
responsible or in connection with your transmission of any Content on MyIQGame.
You will not enter into any settlement or compromise of any such claim without
MyIQGame's prior consent, which shall not be unreasonably withheld. MyIQGame
reserves the right, at your expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you. This Section shall
survive termination of this Agreement.
8. MISCELLANEOUS. You agree that these Terms of Service are not intended
to confer and do not confer any rights or remedies upon any person other than
the parties to this agreement. You also understand and agree that the MyIQGame
Terms of Service and the MyIQGame Privacy Policy, including MyIQGame's
enforcement of those policies, are not intended to confer, and do not confer,
any rights or remedies upon any person. If any part of this agreement is held
invalid or unenforceable, that portion shall be construed in a manner consistent
with applicable law to reflect, as nearly as possible, the original intentions
of the parties, and the remaining portions shall remain in full force and
effect.
MyIQGame may assign its rights or delegate its obligations under this agreement
without your prior written consent, as long as the assignee expressly assumes in
writing the performance of all of the terms of this agreement.
This agreement shall not be construed to create a joint venture or partnership
between the parties. Neither party shall be deemed to be an employee, agent,
partner nor legal representative of the other for any purpose and neither shall
have any right, power or authority to create any obligation or responsibility on
behalf of the other.
The failure of MyIQGame at any time or times to require performance of any
provision hereof shall in no manner affect the right at a later time to enforce
the same. No waiver by MyIQGame of the breach of any term or covenant contained
in this agreement, whether by conduct or otherwise, in anyone or more instances,
shall be deemed to be, or construed as, a further or continuing waiver of any
such breach or a waiver of the breach of any other term or covenant contained in
this agreement.
The laws of the State of New Hampshire govern this agreement and your
membership. You expressly agree that exclusive
jurisdiction for any claim or dispute with MyIQGame, or relating in any way to
your membership or your use of MyIQGame's services resides in the courts of New
Hampshire and you further agree and expressly consent to the exercise of
personal jurisdiction in the courts of New Hampshire in connection with any such
dispute including any claim involving MyIQGame, or its affiliates, subsidiaries,
employees, contractors, officers, members/managers, vendors and content
providers.