1.1 Mobile Quiz Hero GmbH, Lenbachstr. 16, 10245 Berlin (hereinafter "MQH") is the operator of http://quizdelivery.com, http://realquizhero.com, http://videoquizhero.com & http://quizheld.de
1.2 MQH provides to you on the web pages of http://quizdelivery.com, http://realquizhero.com, http://videoquizhero.com & http://quizheld.de (hereinafter "MQH Web Pages") and in various apps (hereinafter "MQH Apps") different free services (e.g. quiz-games, personality-tests) (hereinafter "MQH Games") for entertainment purposes.
1.3 The present terms of participation and use govern the provision of MQH Games on MQH Web Pages and MQH Apps as well as your use of those and all content provided.
1.4 Any additional rules and conditions of participation will be published as part of the particular MQH Game. By participating, you accept these rules and conditions of participation.
2 Change of terms of participation and use
2.1 MQH is entitled to modify these terms of participation and use at any time within its contractual relationship with you.
2.2 You can view the terms of participation and use at any time at http://mobilequizhero.com/terms. We will also inform you by email of any changes to our terms of participation and use as long as you have registered with MQH.
2.3 By continuing to use MQH Games after a change, you are accepting the new terms of participation and use.
3.1 Use of MQH Games is generally free of charge and does not require your registration.
3.2 Depending on the internet connection used and your internet rate, you may, however, incur internet connection charges which will be charged to you by third parties (e.g. internet provider, mobile network provider).
3.3 Certain additional features on MQH's Web Pages and MQH Apps (e.g. rankings, highscore rankings, competitions) as well as participation in Sweepstakes (§ 5 of the terms of participation and use) require you to register as a participant. There is no entitlement of participation. MQH is therefore entitled to reject applications to participate without further explanation.
3.4 In the course of the registration process, you will be asked to enter a user name and password. You can then use these data to log in to the MQH website after activation. You must keep your access data including your password secret and you must not allow unauthorised third parties to access them. You are liable in accordance with statutory provisions for any use and/or other activity carried out using your access data.
3.5 MQH Games are designed for children and adolescents. However, MQH recommends use of MQH Games from the age of 8. If you are younger than 8, we only recommend use of MQH Games under parental supervision.
4 Availability, Modifications
4.1 MQH always endeavours to keep MQH Games complete, up-to-date and fully functional on MQH Web Pages and MQH Apps, but temporary restrictions or interruptions cannot be ruled out as a result of technical malfunctions (e.g. interruptions to the power supply, hardware or software errors, and technical problems in data lines).
4.2 Otherwise the right to use MQH Games available on MQH Web Pages is limited to MQH's technical and operating capabilities.
4.3 MQH reserves the right to shut down, restrict or change the operation of MQH's Web Pages and/or MQH Games wholly or partially, at any time, without explanation.
5.1 Unless stated otherwise, MQH is the organizer of the Sweepstakes.
5.2 You are entitled to take part in MQH´s Sweepstakes if you are at least 14 years of age at the time of participation and if you have your permanent residence in Germany, Austria or Switzerland. Participants under the age of 14 require the express permission of their parents to take part in Sweepstakes. You must register in accordance with § 3 of these terms of participation and use in order to take part in a Sweepstake.
5.3 Legal representatives and employees of MQH or of advertising and cooperation partners involved in the Sweepstakes (hereinafter “Cooperation Partners”) and their dependants, as well as organised sweepstake websites/clubs and similar associations and their members, are excluded from participation.
5.4 Unless stated otherwise, winners will be drawn by lot from amongst all participants in a sweepstake on the principle of random selection.
5.5 Multiple participation in Sweepstakes is not permitted and will usually lead to exclusion.
5.6 If you are drawn as the winner of a Sweepstake, you will be personally informed by MQH by email. MQH reserves the right to publish your name as the winner on MQH Web Pages. By participating in a Sweepstake, you are agreeing to the publication of your name.
5.7 MQH reserves the right to disqualify you as a participant from a running Sweepstake at any time without explanation and/or to exclude you from future Sweepstakes. This is in particular the case if you breach the terms of participation, and/or interfere with and/or manipulate the process of a Sweepstake in any way, especially technical processes, or attempt to do so and/or try in any other way to influence the draw for the Sweepstake.
5.8 As a winner you will forfeit your right to the prize if you cannot be reached at the email address given by you within two (2) weeks, if you do not contact MQH within two (2) weeks of notification of your prize having been dispatched or notification of your prize cannot be delivered.
5.9 There can be no recourse to legal action and prizes cannot be paid out in cash.
5.10 MQH does not guarantee that Sweepstakes on MQH Web Pages and/or in MQH Games or MQH Apps will be available at all times.
5.11 MQH reserves the right to change the terms of participation at any time. MQH also reserves the right to terminate a Sweepstake or the draw at any time on important grounds without advance warning. This applies in particular to any reasons which would interfere with or prevent the orderly course of the Sweepstake or the draw. If such termination is caused by the conduct of a participant, MQH will be entitled to demand compensation for the loss incurred from this person.
5.12 Participation and your chances of winning do not depend on the acquisition of goods or the availment of free/paid services from AM or on the participant’s agreement to receive information on products and offers from MQH or its Collaboration Partners.
6 Rights of use
6.1 All copyrights and rights of use to MQH Games and/or MQH Apps as well as to the content on MQH Web Pages (text, graphics, etc.) are expressly reserved.
6.2 Unless any further use is explicitly permitted in these terms of participation and use or on MQH Web Pages,
a) you may only retrieve and display the content available on MQH Web Pages for personal purposes. This right of use is limited to the duration of your contractual participation;
b) you may not process, change, translate, present, publish, exhibit, duplicate or distribute in any other way the content available on MQH Web Pages either in whole or in part. You are also forbidden from removing or altering copyright notices, logos or other markings or proprietary notices.
6.3 Any forbidden exploitation, distribution, duplication or other breach of commercial property rights and copyrights belonging to MQH will be pursued in the civil and criminal courts.
7 Forbidden activities
7.1 The games available on MQH web pages or through MQH Apps are only intended for your non-commercial use. You are prohibited from any use for or in connection with commercial purposes. Prohibited commercial use includes in particular
– any offer or advertising of paid content, services and/or products, both your own and those belonging to third parties,
– any offer, advertising or execution of activities with a commercial background such as sweepstakes, draws, barters, adverts or pyramid schemes, and
– any electronic or other gathering of identity data and/or contact details (including email addresses) belonging to members (e.g. for the dispatch of unsolicited emails).
7.2 You are also prohibited from any activities on or in connection with MQH Web Pages, MQH Games or MQH Apps which are in breach of current legislation, infringe the rights of third parties or breach the principles of protection for minors.
7.3 You are also prohibited from engaging in any action liable to impair the smooth operation of MQH web pages, MQH Games and MQH Apps, in particular to overload MQH's systems.
7.4 If there is a suspicion of illegal or criminal acts, MQH will be entitled and possibly also obliged to check your activities and if necessary to initiate appropriate legal steps.
8 Data protection
8.1 MQH will process your personal details for specific purposes and in accordance with statutory provisions.
8.2 Personal details given for the purpose of using additional features in MHQ Games or for participating in Sweepstakes, will be used by MQH for fulfilment and handling.
8.3 Further information on the nature, scope, location and purpose of MQH's collection, processing and use of required personal details can be found in the data protection declaration http://mobilequizhero.com/data-protection.
9 Limitation of Liability
9.1 If you suffer a loss from using the free services provided on MQH Web Pages or through MQH Apps (including the retrieval of free content), MQH will only be liable to the extent that your loss has been incurred due to the contractual use of the free content and/or services and only in the case of deliberate acts (including fraudulent intent) and gross negligence on the part of MQH.
9.2 MQH is not liable for incorrect information caused and/or disseminated by participants and/or third parties including Cooperation Partners, and which is connected to a competition.
9.3 MQH is not liable for offers from third parties, in particular from Cooperation Partners, which are promoted on MQH Web Pages, in MQH Games or MQH Apps.
10 Final provisions
10.1 Changes to these terms of participation and use must be made in writing to be effective. The same applies to the abrogation of the requirement for written form.
10.2 If any provisions of these terms of participation and use are or become invalid and/or unenforceable, the validity of the remaining provisions will not be affected.
10.3 The place of fulfilment and jurisdiction is, to the extend permitted by law, Berlin, Germany