Important: Please read this carefully and in full before downloading or installing the Crafty Quiz Software.
Last updated 7th March 2023
This is a legal agreement (Licence Agreement) between You (Licensee) and Crafty Entertainment Ltd (Licensor) to make use of this electronic quiz software (Software), which includes computer software and all information, online or electronic documentation, media and printed materials associated with it or available at www.craftyquiz.com, so please read this Licence Agreement carefully and in full before downloading or installing the Software.
By continuing to download and install this Software You are agreeing to be bound by the terms of this Licence Agreement in full. If You do not agree to the terms of this Licence Agreement You must discontinue the download and installation process and permanently destroy all copies of the Software in Your possession.
We reserve the right to change or modify any portion of this Licence Agreement and any policies or guidelines governing Your use of the Software at any time at our sole discretion. Any such changes or modifications will be effective immediately upon posting of revisions at https://craftyquiz.com/software-download-terms/.
We will alert You that changes have been made by indicating at the top of this Licence Agreement the date of the last change. Your continued use of the Software following the posting of such changes or modifications constitutes Your acceptance thereof. We therefore recommend that You regularly review this Licence Agreement.
1.0 About Us
Crafty Entertainment Ltd is a company registered in England and Wales whose registered office is:
West Hill House Allerton Hill, Chapel Allerton, Leeds LS7 3QB
Company No. 09561613
VAT No. GB 211 3122 81
Email: [email protected]
Phone: 07444 530 902
2.0 Definitions
Us / We / Licensor: mean Crafty Entertainment Ltd, its employees, owners and associates
You / Your / Licensee: mean any person or business visiting or in any way making use of Our Website and / or downloading or using the Crafty Quiz Software and any associated materials or Documentation
Our Website / Website: mean the website located at www.craftyquiz.com including all sub pages
Goods / Services: means any product or service provided by Us in return for payment
Digital Goods / Services: means any services, downloads or intangible products e.g. Quiz Master Licences provided by Us in return for payment
Physical Goods: means any tangible product e.g. routers, leaflets, beer mats, clothing or homeware provided by Us in return for payment
Crafty Quiz Software / Software: mean the Our quiz making and hosting desktop application and mobile app including all code, images and content
Documentation: means any documents, material or content provided on Our Website or with / in the Software
Content: means any and all content created using the Crafty Quiz Software whether as text, images or anything else
Participants: means any person who joins and / or participates in any of Your quizzes, rounds, questions or bingo games
3.0 Grant and Scope of this Licence Agreement
3.1 We licence use of the Software to You based on this Licence Agreement. We do not sell the Software to You and We remain the owners of the Software at all times.
3.2 Your continued use of the Software is conditional upon Your strict adherence to all of the terms of this Licence Agreement.
3.3 Subject to the terms of this Licence Agreement, the Licensor hereby grants to You a non-exclusive, non-transferable licence to use the Software and Documentation in Demo mode. You may: :
- use the Software for Your own personal use on one personal computer;
- run the Software in Demo mode allowing it to communicate with up to 2 compatible mobile devices running the Crafty Quiz mobile app by means of access to the local area network or virtually over the internet;
- make one copy of the Software for backup purposes only;
- download and / or print one copy of the Documentation for personal reference and training purposes only;
- download and make use of free updates or patches for the Software as and when they may be provided by the Licensor;
- where the Software is upgraded or updated, You agree that use of the upgrade or update terminates Your licence to use the previous version of the Software or part replaced.
3.4 In addition to condition 3.3 and in consideration of payment by You to Us of the relevant Quiz Master Licence fee, the Licensor grants You a non-exclusive, non-transferable licence to use the Software as follows.
with a Quiz Master Unlimited Licence You may:
- use the licence on one computer only;
- allow the Software to communicate with an unlimited number of compatible mobile devices running the Crafty Quiz mobile app by means of access to the local area network or 100 compatible mobile devices running the Crafty Quiz mobile app virtually over the internet.
with a Quiz Master Once Licence You may:
- use the licence on one computer only;
- allow the Software to communicate with an unlimited number of compatible mobile devices running the Crafty Quiz mobile app by means of access to the local area network or 100 compatible mobile devices running the Crafty Quiz mobile app virtually over the internet for a 24-hour period starting when You authorise Your licence.
with a Quiz Master Free Licence You may:
- use the licence on one computer only;
- allow the Software to communicate with up to 10 compatible mobile devices running the Crafty Quiz mobile app by means of access to the local area network or 10 compatible mobile devices running the Crafty Quiz mobile app virtually over the internet at home.
3.5 This Licence Agreement does not assign or transfer to the Licensee any right, title or interest to the Intellectual Property Rights in the Software except for the right to use the Software in accordance with the terms of this Licence Agreement.
4.0 Licensees Restrictions and Responsibilities
4.1 The Licensee agrees:
- to replace the current version of the Software with any updated or new versions of the Software provided by the Licensor under the terms of this Licence Agreement as soon as such versions become available;
- to keep any copies of the Software safe and secure and to keep accurate records of the number and location of such copies of the Software;
- to indemnify, defend and hold the Licensor, its partners, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from Your acts and omissions to act in using the Software in accordance with the terms of this Licence Agreement;
- not to sell, rent, lease, loan, transfer, redistribute or in any way make available the Software or Documentation, in whole or in part, to any third party;
- not to remove, obscure or modify in any way, copyright notices, disclaimers, means of identification or other text appearing in the Software or Documentation;
- not to alter, adapt, change or otherwise modify the Software or Documentation, in whole or in part, unless specifically permitted in this Licence Agreement;
- not to copy the Software or Documentation except where permitted under the terms of this Licence Agreement in section 3.3;
- not to allow the Software or any part of it to be combined with or incorporated in any other computer programs;
- to let the Licensor and its representatives, at all reasonable times with reasonable prior notice, review and access any premises at which the Software or Documentation is being stored or used including inspecting computer equipment upon which the Software or Documentation may be stored to ensure compliance with this Licence Agreement;
- not to reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, techniques, processes, algorithms or create derivative works based on, the whole or any part of the Software;
- not to create, store, share, post, broadcast or transmit Content that is or could be deemed unlawful, offensive, upsetting, intended to disgust, threatening, libellous, defamatory, obscene or otherwise objectionable.
4.2 If directly applicable law prohibits enforcement of the foregoing, the Licensee may engage in reverse engineering limited to the extent permitted by directly applicable law, but only if reverse engineering is absolutely necessary and the Licensee has first requested such information from the Licensor and the Licensor has failed to make such information available (for a fee or otherwise) under reasonable terms and conditions.
Furthermore, any information supplied or obtained under this condition is strictly confidential and subject to the remaining obligations of this Licence Agreement. Any such information may only be used by Licensee for the purpose described in this section and must not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software.
5.0 Software Support
5.1 Whilst the Licensor will try to resolve any issues the Licensee has with the Software, this Licence Agreement does not give the Licensee any right to support or maintenance of the Software.
6.0 Intellectual Property Rights
6.1 We own and control all copyright and other intellectual property rights for the Software and all Documentation and associated content and material (including but not limited to images, photographs, animations, video, audio, music, text, and computer code) and all such rights are reserved and protected to the maximum extent permitted by copyright and intellectual property laws and international treaties.
6.2 You accept that all copyright and other intellectual property rights for the Software and all Documentation and associated content and material (including but not limited to images, photographs, animations, video, audio, music, text, and computer code) anywhere in the world are not sold to You and that You have no rights in, or to, them other than the right to use them under the terms of this Licence Agreement.
6.3 You accept that You have no right to have access to the Software in source code form, in unlocked coding or with comments.
6.4 The integrity of the Software is protected by technical protection measures (TPM) so that the Intellectual Property Rights, including copyright, in the Software of the Licensor are not misappropriated. You must not attempt in any way to remove or circumvent any such TPM, nor apply or manufacture for sale or hire, import, distribute, sell or let for hire, offer or expose for sale or hire, advertise for sale or hire or have in Your possession for private or commercial purposes any means the intended purpose of which is to promote the unauthorised removal or circumvention of such TPM.
6.5 You accept that the Software and Documentation are disclosed to You in strict confidence and You agree to keep the Software and Documentation secure and not to disclose any confidential or technical information regarding the Software or Documentation to any person or organisation.
7.0 Limited Warranty
7.1 You accept that the Software and Documentation has not been specifically designed for Your individual requirements and that it is Your responsibility to check whether the Software as described in the Documentation meets Your requirements.
7.2 You accept that the Software may not be completely free of bugs or errors and that the existence of minor errors shall not constitute a breach of this Licence.
7.3 All questions included in our quizzes have been written by employees of Crafty Entertainment Ltd and are reviewed before release. While We endeavour to ensure the quality and accuracy of our questions and answers We cannot be held responsible for any misspelling, incorrect formats or incorrect answers uploaded and used. We therefore recommend that You fully review all quizzes purchased before hosting a quiz.
7.4 Subject to conditions 7.1, 7.2 and 7.3, the Licensor warrants that:
- the functions and features of the Software correspond with their relevant description in the Documentation and on Our Website;
- when correctly used, the Software will perform substantially as described in the Documentation and on Our Website;
- the Software has been checked for viruses using commercially available virus-checking software in line with current industry guidelines.
7.5 If it is proven that the Software fails to perform substantially as described on Our Website and in the Documentation, and such a failure does not result from:
- You modifying or attempting to modify the Software or Documentation;
- You not following all of the instructions and recommendations provided on Our Website and in the Documentation;
- You not updating the Software to the most recent version;
- there being a fault with Your router, Ethernet cable, computer or other equipment;
- the specifications of Your computer not meeting the minimum requirements to run the Software;
the Licensor will refund the full cost of the Quiz Master Licence to the Licensee.
7.6 The Licensor’s obligations under condition 7.4 are subject to You complying fully with all of the conditions of this Licence Agreement.
7.7 Condition 7.4 sets out the full extent of the Licensor’s warranty with respect to the performance of the Software and Documentation. All other conditions, warranties, representations or other terms, express or implied, are excluded to the fullest extent permitted by law.
8.0 Limited Liability
8.1 Nothing in this Licence Agreement shall limit or exclude the liability of either party for death or personal injury resulting from negligence, fraud or fraudulent misrepresentation or any other liability to the extent that it may not be excluded or limited as a matter of English law.
8.2 Without prejudice to condition 8.1, We shall not be liable to You for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with Your use of Our Website, Goods, Services or Software. This includes but is not limited to:
- loss of income;
- loss of business profits or contracts;
- business interruption;
- loss of the use of money or anticipated savings;
- loss of information;
- loss of opportunity, goodwill or reputation;
- loss of, damage to or corruption of data;
- any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
8.3 We will not be liable to You for any failure or delay in fulfilling any of our obligations under this Licence Agreement that is caused by events outside our reasonable control and We reserve the right to suspend the completion of any of our obligations if We are hindered or prevented from doing so due to such an event. Such events include but are not limited to:
- flood, fire, earthquake, storm, epidemic, extreme weather conditions or other natural disaster;
- strikes, lock-outs or other industrial action;
- civil disorder, rioting, invasion, terrorist attack or threat of terrorist attack;
- war (whether declared or not) or threat or preparation for war;
- failure of any infrastructure such as power supply, telecommunications network or transportation network whether public or private;
- acts, decrees, legislation, regulations, restrictions or advice of any government.
8.4 Without prejudice to conditions 8.1, 8.2 and 8.3 the Licensor’s total liability under or in connection with this Licence whether in contract, tort (including negligence) or otherwise will be limited to the amount paid by the Licensee for the use of the Software.
8.5 Subject to clauses 8.1, 8.2 and 8.3 our liability for infringement of third-party Intellectual Property Rights shall be limited to breaches of rights subsisting in the UK.
8.6 We will not be responsible or liable to You for any loss of content or material uploaded or transmitted through Our Website or Software.
8.7 We will not be liable for any loss or damage caused by a virus or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of Our Software or to Your downloading of any content from it.
8.8 This Licence Agreement sets out the full extent of the Licensor’s obligations and liabilities in respect of the supply of the Software. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on the Licensor except as specifically stated in this Licence Agreement. Any condition, warranty, representation or other term concerning the supply of the Software which might otherwise be implied into, or incorporated in this Licence Agreement, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.
9.0 Content
9.1 Our services allow You to create, store, share, post, broadcast and transmit Content. You are responsible all Content You create, store, share, post, broadcast and transmit including its legality, reliability, and appropriateness whether done so by You or any third person using Your account. You are also responsible for any Content created, stored, shared, posted, broadcast or transmitted by Participants of Your quizzes, games or events.
9.2 You retain any and all rights to Content You create, store, share, post, broadcast and transmit using Our services and You alone are responsible for protecting those rights.
9.3 You represent and warrant that:
- all the Content You create, store, share, post, broadcast and transmit is Yours and You have the right to use it and to grant Us the rights and licence as provided in the terms of this Agreement;
- the storing, sharing, posting, broadcasting and transmitting of Your Content using Our services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.
9.4 If you use Our services to create, store, share, post, broadcast or transmit Your Content, You grant Us the right and licence to process and make available said Content in order to deliver the functionality of Our Services, including delivering that Content to any participant of Your quizzes, games or events.
9.5 If you share, post, broadcast or transmit Your Content using Our services, you understand that it may be made available on a worldwide basis without You receiving any form of compensation. If you do not want others to have that ability, do not share, post, broadcast or transmit Your Content.
9.6 You represent and warrant that You will not create, store, share, post, broadcast or transmit Content that is or could be deemed to be:
- unlawful, illegal, fraudulent or in connection with any unlawful, illegal, or fraudulent activity;
- threatening, defamatory, obscene, hateful, harassing, abusive, fraudulent or otherwise offensive;
- infringing on any proprietary rights of any party, including patent, trademark, trade secret copyright, right of publicity or other rights;
- a software virus, spyware or other malicious computer software or any other computer code, files or programs designed to interrupt, damage or restrict the performance of any computer software, hardware or communications equipment;
- impersonating any person or entity including Crafty Entertainment Ltd and its employees or representatives;
- violating the privacy or rights of any third party.
9.7 We reserve the right, but not the obligation, to, at Our sole discretion, determine whether or not any Content is appropriate and complies with the terms of this Agreement. We also reserve the right and to remove any of Your Content at Our sole discretion for any reason and without notification. We also reserve the right to limit or revoke Your use of Our services if You post such objectionable Content.
9.8 As We cannot control all Content created stored, shared, posted, broadcast or transmitted by users of Our services and third parties, You agree to use the Service at Your own risk. You understand that by using Our services You may be exposed to Content that You may find offensive, indecent, incorrect or objectionable.
9.9 You agree that under no circumstances can We be held liable in any way for any Content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of Our services.
10.0 Indemnification
10.1 You agree to indemnify and hold Us harmless from any and all claims, demand, liabilities, obligations, losses, damages, penalties, fines, amounts in interest, and other expenses including reasonable legal fees, made by any third party arising out of or in connection with
- Content You create, store, share, post, broadcast, transmit or otherwise make available through Our services, using Our services or in any way connected to Our services;
- Your breach or negligent performance or non-performance of any of the terms of this Agreement.
10.2 You acknowledge that You are responsible for all use of Our services using Your account, including use by any third parties whether expressly authorised by You or not.
10.3 You acknowledge that the terms of this Agreement apply to any and all usage of your account, including use by any third parties whether expressly authorised by You or not.
10.4 You agree to abide by the terms of this Agreement in full and You agree to defend, hold harmless and indemnify Us from and against any and all claims stemming from usage of Your account including use by any third parties whether or not such usage is expressly authorised by You.
10.5 Some jurisdictions do not allow indemnification clauses, so some or all of the above indemnification clause may not apply to You. But in such a case the indemnification clause set forth in this section shall be applied to the greatest extent enforceable under applicable law.
11.0 Data Protection
11.1 By agreeing to the terms of this Licence Agreement, You consent to Us collecting and processing Your personal data (as defined in the Data Protection Act 1998) in accordance with our Privacy Policy.
12.0 Transfer of Rights and Obligations
12.1 This Licence Agreement is binding on You and Us and Our respective successors.
12.2 You may not transfer, assign, charge or otherwise dispose of this Licence Agreement, or any of Your rights or obligations arising under it, without the Licensor’s prior written consent.
12.3 The Licensor may transfer, assign, charge, sub-contract or otherwise dispose of this Licence Agreement, or any of his rights or obligations arising under it, at any time.
13.0 Termination
13.1 You are free to stop using Our Services at any time.
13.2 We reserve the right to terminate this Licence Agreement for any reason and at Our sole discretion. Upon termination: :
- all rights granted to You under this Licence Agreement shall cease;
- You must cease all activities authorised by this Licence Agreement.
14.0 Waiver
14.1 If, at any time We fail to insist on compliance with any of Your obligations under this Licence Agreement, or if We fail to exercise any of the rights or remedies to which We are entitled under this Licence Agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.
14.2 A waiver by Us of any default shall not constitute a waiver of any subsequent default.
14.3 No waiver by Us of any part of this Licence Agreement shall be effective unless it is specifically stated to be a waiver and You are advised in writing.
15.0 Severability
15.1 If any of the terms of this Licence Agreement are deemed by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16.0 Notices and Communications
16.1 All notices given by Us to You must be given by email to [email protected] or by post to: Crafty Entertainment Ltd, West Hill House Allerton Hill, Chapel Allerton, Leeds LS7 3QB.
16.2 We will give notice to You at the e-mail address You provide to Us when downloading the Software.
16.3 Notice will be deemed received and properly served immediately when posted on Our Website, 24 hours after an e-mail is sent, or three days (excluding Sunday) after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
16.4 Where prescribed by applicable law, some of the information or communications We send to You should be in writing. When using Our Website, You accept that communication with Us will be mainly electronic. We will contact You by e-mail or provide You with information by posting it on Our Website. For contractual purposes, You agree to this electronic method of communication and You acknowledge that all contracts, notices, information and other communications that We provide to You electronically comply with any applicable legal requirement that such communications be in writing. This condition does not affect Your legal rights.
17.0 Law and Jurisdiction
17.1 This Licence Agreement is governed by and interpreted according to English law. All disputes arising from, or related to, Your use of Our Website and / or Software or Our supply of Goods and / or Services to You are subject to the exclusive jurisdiction of the English courts. We also reserve the right to bring legal proceedings against You for breaching the terms of this Licence Agreement in Your country of residence or any other relevant country.
18.0 Entire Agreement
18.1 This Licence Agreement, together with Our Privacy Policy, Terms and Conditions and Affiliate Agreement shall constitute the entire agreement between You and Us in relation to Your use of Our Website, Software, Goods and Services and the Crafty Quiz Affiliate Program.