MyQuest Terms of Service
PLEASE READ CAREFULLY BEFORE USING THIS SITE OR APPLICATION. YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT.
MyQuest Ltd. (“we”, “us” or “MyQuest”) offers you this website (the "Website"),designed to assist end users to improve their life in many arenasby providing them with interactive quests (the "Service").The Website containsvarious quests created by the MyQuest community. The Terms of Service included here (the “Terms”) constitute a legal agreement between MyQuest and yourself (“User or “you”) regarding your use of the quests and content available on the Website. By accessing or using the Website and Service provided by us, you agree that you have read, understood, accept and agree to be bound by these Terms, as well as our Privacy Policy, which is available at If you do not agree to these Terms or the Privacy Policy, do not access or use the Site and/or Services.
We reserve the right, in our sole discretion, to revise or modify these Terms at any time, and you agree to be bound by such revisions or modifications. You are responsible for reviewing these Terms periodically. Your continued use of the Site and/or Services after a change or modification of these Terms has been made will constitute your acceptance of the revised Terms.
The Service
[For Expert Quest Writers]
The Service provides you with a platform based on which you may use your experience and expertise to create Quests (defined below) for your target crowd of users. A "Quest" is a journey towards a meaningful goal, comprised of the applicable tasks and activities of the applicable life-arena, which is available on the Website and which you wish to improve. After completing and uploading a Quest to the Website, MyQuest's user community will have access to the Quests.
In exchange for the Service, You hereby provide us with an unlimited license to present each Quest uploaded by You on the Website and allow our end-users the opportunity to use the Quest. Except for this license, it is important to know that we do not become owners of the Quest and we will credit you for creating the Quest. We may change, modify or update the Website and/or the Service at any time without prior notice to you, including the removal of functionality.Notwithstanding the foregoing, You have the right to remove all or any portion of a Quest from the Website at any time. Such removal will terminate the foregoing license and rights ninety (90) days after such removal as to new uses, provided, however, that any rights given to Users prior to that time will continue in accordance with the terms granted to such Users.
Please note that by agreeing to use the Service, you also represent, warrant and covenant the following:
- Your use of the Services and MyQuestis subject to the MyQuest's approval, which MyQuest may grant or deny in its sole discretion;
- You will be responsible for all of any Quest uploaded by You to the Website and any other platform used by MyQuest, that You own or have the necessary licenses, rights, consents, and permissions, and have the authority to authorize MyQuest to reproduce, distribute, publicly perform (including by means of a digital audio transmission), publicly display, communicate to the public, promote, market and otherwise use and exploit any such Quests on and through the the Website and any other platform used by MyQuest in the manner contemplated by these Terms, and that no Quest or other content submitted by You shall infringe or misappropriate any intellectual property right of a third party;
- You have the required qualifications, credentials and expertise, including without limitation, education, training, knowledge, and skill sets, to teach and offer the services You offer on and through the Quest uploaded by You to the Website;
- You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libellous content;
- You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise);
- You will not engage in any activity that will require MyQuest to obtain any licenses from or pay any royalties to any third party, including, by way of example and not limitation, the payment of royalties for the public performance of any musical works or sound recordings;
[For Everyone]
The Serviceprovides you with a journey towards a meaningful goal, comprised from the applicable tasks and activitiesof each life-arena which is available on the Website.Subject to these Terms, we allow you to use the Service on a non-exclusive basis. We may change, modify or update the Website and/or the Service at any time without prior notice to you, including theremoval of functionality. We may charge certain monetary consideration for use of the Services (specifically, per journey or otherwise, at our discretion) or provide the Service, in or in part, for free – all, as communicated to you on the Website.
MyQuest hereby grants You (as a User) a limited, non-exclusive, non-transferable license to access and use Quests and content posted by MyQuest, for which You have paid all required fees, solely for Your personal, non-commercial, self-fulfilment purposes through the Website, in accordance with these Terms and any conditions or restrictions associated with particular Quests. All other uses are expressly prohibited absent MyQuest's express written consent. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Quest or content uploaded by MyQuest unless MyQuest gives You explicit permission to do so. Such Quests and content uploaded by MyQuest is licensed, and not sold, to You, for such limited use.
Accounts
In order to subscribe to the Service, you will need to register a MyQuest account. Your account allows you to use our Service, subject to the Terms and our Privacy Policy (which may be accessed at the link provided above). We reserve the right to refuse to allow a user to open or maintain an account for any reason in our sole discretion.
To create an account, you must provide us with your name, surname, e-mail address,gender and also select a password. You may not provide false information during the registration process.
You should not reveal your password to other users. We will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. Your account is at risk if you let someone use it inappropriately and your account is subject to termination if you or anyone using your account violates these Terms.
We will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold us harmless for any improper or illegal use of your account, including by someone to whom you have given permission to use your account. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Service.
Termination of Account
You agree that we may for any reason, in our sole discretion and without notice, terminate your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior or (iv) behavior that is harmful to other users, third parties, the community ethos of our Website and/or Service or our business interests. In the event that we terminate your account, you may not register for the Website and/or Service again without our express permission. If you believe that any action has been taken against your account in error, please contact us at .
In addition, if we believe, in our sole discretion, that a violation of the Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through the Website and/or Service. We will fully cooperate with any law enforcement investigation or court order requesting or directing us to disclose the identity, behavior or activities of anyone believed to have violated these Terms or to have engaged in illegal behavior. You may request termination of your account at any time and for any reason by sending an email to .
Any suspension or termination of your account shall not affect your obligations to us under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability), which by their sense and context are intended to survive such suspension or termination.
Intellectual Property
All elements comprising the Website and Service, including without limitation, the text, design, logos, graphics, icons, videos and images, as well as the mission details, the selection, assembly and arrangement thereof are the sole property of MyQuest or its licensors.
Except as expressly permitted in the Terms, any use, reproduction, modification, distribution, transmission, republication, display or performance of the Service or any content is strictly prohibited. Trademarks, service marks and logos displayed on the Service are the exclusive property of MyQuestunless otherwise stated and may not be used without our express written consent. All rights not expressly granted herein are reserved to MyQuest, its affiliates and its licensors.
No Warranties; Disclaimer
your use of any aspect of the website and Service is at your own risk, including without limitation, your decision to participate in any quest available on the website.we cannot and do not accept any liability in respect of any activities that you may undertake through using the website and/or Service.
The Service is provided on an "AS IS" basis without warranties of any kind from MyQuest. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE Service, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE Service; OR (II) THAT THE Service WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION OR CONTENT PROVIDED BY THE SERVICE.
MYQUEST IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE ADVICE OR CONSULTATION PROVIDED TO YOU BY USING THE SERVICE.
We reserve the right to correct any errors, inaccuracies or omissions and to change or update content information at any time without prior notice.
No advice or information, whether oral or written, obtained by you from us,shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall we be liable to you or any third party for any damages, including but not limited to general, incidental, consequential, indirect, direct, special or punitive damages, arising out of or relating to the website, service, submissions or content. in any case, our entire liability under any provision of these terms shall not exceed amounts paid by you directly to us for the use of the website and/or service hereunder. as such, if you have not made any payments to us in order to use the websiite and/or application and/or Service, we shall not have any liability to you whatsoever.
In addition to the foregoing, We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission or communications line failure. We are not responsible for any problems, technical malfunction, or damage of or to any computer, computer software, systems and programs and the data thereon, telephone or cellular phone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Website, including any injury or damage to users related to or resulting from participation or use of the Website and/or Service or any other direct or indirect, consequential and incidental damages.Under no circumstances shall myquest be responsible for any loss or damage, including personal injury or death, resulting from use of the website and/or service, whether online or offline, or in connection with travelling while using the website and/or Service.
Indemnification
You agree to indemnify, defend, and hold us harmless (including our employees, directors, officers, subcontractors and agents) against any and all claims, damages, losses, liabilities, costs or expenses (including reasonable attorneys’ fees and court costs) (“Claims”) that arise directly or indirectly from: (a) the breach of theseTermsby you or anyone using your computer, mobile device, password or login information; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Website and/or Service; (c) your violation of any law or regulation; (d) your infringement of any right of any third party, including without limitation the infringement of any third party intellectual property right or moral right; or (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Site and/or Services shall be in compliance with all applicable laws, regulations and guidelines.
Content Linked to by MyQuest
The Website (including, without limitation, advertisements) may provide you with links to web sites and services belonging to third parties. We have no control over third-party sites, and all use of third-party sites is at your own risk. Additionally, wedo notaccept responsibility for any payments processed or submitted through such third party sites, or for the privacy policies of any such sites. Wedo not endorse any products offered by third parties and we urge our users to exercise caution in using third-party sites.
Miscellaneous
TheseTermsshall be governed by the law of the State of Israel exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with theseTerms, the Site and/or the Services shall be brought exclusively in the courts located in Tel-Aviv-Jaffa, and you irrevocably consent to their jurisdiction.Any cause of action against us must be brought within one (1) year of the date such cause of action arose. In the event that any provision of theseTermsis held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision as permitted by applicable law, and the remaining terms of these Termsshall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and us or enables you to act on our behalf. Except as may be expressly stated in theseTerms, theseTermsconstitute the entire agreement between us and you pertaining to the subject matter hereof, and supersedes any other agreements, understandings or warranties. Nothing contained in these Terms shall be construed to limit the actions or remedies available to us with respect to any prohibited activity or conduct. Non-enforcement of any term of theseTermsdoes not constitute consent or waiver, and we reserve the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. We may assign our rights under these terms to any third party. You may not assign your rights or obligations hereunder except as we expressly permit in writing. Any notice to be provided to you pursuant to these Terms maybe provided to the email address or other contact information you have provided to us.
Last updated: June2014