Welcome to Quizalize and Zzish.

PLEASE NOTE THAT THIS SITE AND THE SERVICES ARE IN BETA RELEASE. ACCORDINGLY, SOME OF THE FEATURES OF THE SITE AND SERVICES DESCRIBED BELOW MAY BE NOT BE AVAILABLE TO YOU AND THE SITE AND SERVICES MAY EXHIBIT BUGS AND ERRORS. PLEASE SEE FURTHER UNDER "BETA RELEASE" BELOW.

The following describes the terms on which Zzish Ltd (referred to herein as "ZZISH", "we" or "us") offer you access to our services. Your permission to use the QUIZALIZE End User Service on www.quizalize.com and the ZZISH End User Service on www.zish.com, and the licenses granted herein, are expressly conditioned upon your acceptance of these Terms of Service, and the following additional terms and conditions and policies, which are hereby incorporated by reference (collectively, the "Agreement"):

Description of Service

QUIZALIZE is a web-based service available from the domain WWW.QUIZALIZE.COM. This service provides teachers and publishers with an online service to create, share, publish and sell original digital content created by the seller ("Resources"). The service provided by QUIZALIZE is referenced herein as the "Quizalize End User Service." QUIZALIZE is operated by ZZISH. ZZISH at no time owns or sells any product for or on behalf of teachers or publishers. Teachers who create Resources via the Quizalize Service are referenced herein and in the Service as "Teacher-Creators". Teachers who sell Resources via the Quizalize Service are referenced herein and in the Quizalize Service as "Teacher-Sellers." Publishers who sell Resources via the Service are referenced herein and in the Service as "Publisher-Sellers." Teacher-Sellers and Publisher-Sellers are referenced together, herein and in the Service, as "Sellers." Teachers who use paid Resources via the Quizalize Service are referenced herein and in the Quizalize Service as "Teacher-Buyers."

ZZISH is a web-based service available from the domain WWW.ZZISH.COM. This service provides teachers, students and parents with an online universal dashboard for monitoring and tracking student progress in mobile and web education applications ("Zzish End User Service") and provides developers of education applications with services for creating and enhancing mobile education applications ("Zzish Developer Service").

This Zzish End User Terms of Service/User Agreement ("Agreement") governs your access as an End User to and use of the Quizalize End User Service and Zzish End User Service (collectively know as the "End User Services") as well as all associated sites linked to WWW.QUIZALIZE.COM and WWW.ZZISH.COM by ZZISH, it’s subsidiaries, and affiliated companies (collectively, the Site); the services made availabie through the SITE (collectively the "Services"); and any software that ZZISH provides to you that allows you to access the services from a mobile device (a "Mobile Application") as an End User. This Agreement governs your access whether in the capacity of a Teacher-Creator, Teacher-Seller, Publisher-Seller, Teacher-Consumer, parent, student or visitor, including the creating, finding, buying, posting, selling, and sharing of Resources, and participating in online forums, feedback loops, bulletin boards, wikis, and chats, which features and activities shall also be considered part of the "Services." Portions of the End User Services are publicly available to all visitors to the site. Other portions of the End User Services are available only to registered members who are Teacher-Sellers, Publisher-Sellers, and/or Teacher-Buyers (collectively, "Quizalize Members") or teachers, parents and students (collectively, "Zzish Members"). By registering with QUIZALIZE or ZZISH or by using the End User Services in any manner – including, but not limited to, by visiting the Site – you acknowledge and agree to the terms stated in this Agreement. This Terms of Service applies to both visitors and Members.

These Terms of Service do not apply to Developers using the Zzish Developer Service. Developers must agree to the Zzish Developer Terms of Service in order to user the Developer Service.

Age Restrictions

You may only use the Site and Services if you are: (i) at least 13 years of age; or (ii) if you are under 13 years of age, with the consent of your teacher or a legal parent or guardian. By using the Site and Services, you hereby represent and warrant that you are at least 13 years of age or, if you are under 13 years of age, that you have the consent of your teacher, legal parent, or guardian to use the Site and Services.

IF YOU REGISTER, APPROVE THE REGISTRATION OF, OR OTHERWISE ASSUME RESPONSIBILITY FOR ANY STUDENT, YOU REPRESENT AND WARRANT THAT YOU ARE THAT STUDENT’S LEGAL PARENT OR GUARDIAN; OR, IF YOU ARE A TEACHER OR SCHOOL, THAT YOU HAVE THE AUTHORITY TO CONSENT TO SUCH STUDENT’S USE OF THE SITE AND SERVICES, AND YOU AGREE TO BE BOUND BY THESE TERMS ON BEHALF OF SUCH STUDENT, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE SITE AND SERVICES BY SUCH STUDENT.

Verification of Identity

You acknowledge that we may choose, but are not obligated, to make any inquiries, either directly or through third parties, that we deem necessary to validate any user’s registration information, including without limitation engaging third parties to provide identity or other verification services. Zzish reserves all rights to take legal action against anyone who misrepresents personal information or is otherwise untruthful about their identity in connection with their use of the End User Services. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT ZZISH CANNOT GUARANTEE THE ACCURACY OF ANY INFORMATION SUBMITTED BY ANY USER, OR THE IDENTITY OF ANY USER WHO CHOOSES TO USE THE SERVICES, AND WE ARE NOT OBLIGATED TO VERIFY THE IDENTITY OF ANY USER.

Teachers and Educators

Teachers and Educators in the USA

If you are a teacher or educator in the United States of America, and will use the End User Services as an education tool, please read this section carefully. The Children's Online Privacy Protection Act (“COPPA”) requires that Zzish obtain consent prior to the collection, use, and disclosure of information from children under 13. If you have students under 13 and would like those students to use the End User Services as a classroom tool, you are responsible for usin the End User Services in accordance with COPPA. By using the End User Services, you expressly consent to the collection, use, and disclosure of personal information as set forth in our COPPA Privacy Policy, from those of your students under 13 that use End User Services as a classroom tool. You also agree to use the End User Services and any information you collect from children via the End User Services in accordance with our COPPA Policy, COPPA, and all applicable laws. You represent, warrant, and covenant that you, as a teacher, educator, or school, have the authority to use the End User Services as a classroom tool. You also agree that you will not use End User Services with any children under 13 years old, unless you are the teacher or an authorized representative of that child's school with authority to consent to the collection use and disclosure of personal information from such child in the context of your classroom or school.

Teachers and Educators outside the USA

If you are a teacher or educator outside of the United States of America, and will use the End User Services as an education tool, please read this section carefully. The laws in your country may require that Zzish obtain consent prior to the collection, use, and disclosure of information from children under a certain age (“Required Age For Consent”). If you have students under the Required Age For Consent and would like those students to use the End User Services as a classroom tool, you are responsible for using the End User Services in accordance with the laws of your country. By using the End User Services, you expressly consent to the collection, use, and disclosure of personal information as set forth in our Privacy Policy, from those of your students under that age that use End User Services as a classroom tool. You also agree to use the End User Services and any information you collect from children via the End User Services in accordance with our privacy policy, and all applicable laws. You represent, warrant, and covenant that you, as a teacher, educator, or school, have the authority to use the End User Services as a classroom tool. You also agree that you will not use End User Services with any children under the Required Age For Consent, unless you are the teacher or an authorized representative of that child's school with authority to consent to the collection use and disclosure of personal information from such child in the context of your classroom or school.

Changes

Zzish may make changes to the content and Services offered on or through the Site at any time. Zzish may also change, update, add, or remove provisions of these Terms at any time. If we change these Terms, we will use commercially reasonable efforts to notify you of such changes; for example, we may send you an email if you have registered with us to use our Services, or we may post a notice on the Site indicating that we changed our Terms. However, it is your responsibility to periodically check on the Site to see if these Terms have changed. By using this Site after Zzish has updated these Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site and Services.

General Use

Zzish provides content through the Site and Services that is copyrighted and/or trademarked work of Zzish, of Zzish’s third-party licensors and suppliers, or of other users of the Services (collectively, the "Resources"). Resources may include without limitation, logos, graphics, video, images, software, and other content. Without limiting the foregoing, all lessons, exercises, games, blog, message board content, and related educational information made available on the Site and/or through the Services and all associated intellectual property and other proprietary rights are owned by Zzish, its third party licensors and suppliers, or other users of the Services, except that you retain ownership of any Submissions that you have provided as described below in these Term.

Subject to the terms and conditions of these Terms, and your compliance with these Terms, Zzish hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Resources and to use this Site and the Services solely for your personal educational use, which in the case of teachers includes use for the benefits of each teacher’s students and in the case of parents includes use for the benefits of each parent’s children. Except for the foregoing license and the rights you retain to Submissions that you have provided, you have no other rights in the Site, Services, or any Resources and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the Site, Services, or Resources, or any part thereof, in any manner.

If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Resources and refrain from any further use of the Site, Services, and Resources.

Mobile Applications

Zzish makes available Mobile Applications to access the Site and Services via a mobile device. To use the Mobile Application you must have a mobile device that is compatible with the mobile service. Zzish does not warrant that the Mobile Application will be compatible with your mobile device. Zzish hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you (or to the extent legally required in the case of children, owned or leased on your behalf by your Parent or Teacher ) for your personal use.

You shall not (and you shall not permit or induce any third party to):

1. modify, disassemble, decompile, or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law, and in such case, solely to the extent permitted by applicable law;
2. rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the Mobile Application to any third party or use the Mobile Application to provide time sharing or similar services for any third party;
3. make any copies of the Mobile Application;
4. remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or
5. delete any copyright and/or other proprietary rights notices on the Mobile Application.

You acknowledge and agree that Zzish may from time-to-time, and in its sole discretion, issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and Zzish and its affiliates, third party licensors, and/or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application for which you are solely responsible.

Registering to Use the Site and Services

You do not need to register with Zzish to simply visit and view the Site, and you will be able to see a preview of lessons for Students and the Teacher dashboard without registration. However, in order to use the Services and Resources offered on and through the Site, Teachers must register with Zzish to create an account.

Teacher Registration. You are only permitted to use the Services as a teacher user ("Teacher") on condition that you are a teacher, teacher-assistant, or similar educational professional who is employed by the school that the Student attends. The Services may grant different permissions to teachers on the one hand and teacher-assistants and similar educational professionals on the other. Once you complete the registration process, the Services may enable you to send invitations to your Students and their Parents via email, inviting such Students and their Parents to register to use the Site and Services. We may terminate a Teacher user account at any time and without warning for any failure to comply with these Terms.

In addition to your other obligations specified in these Terms, by registering to use the Services as a Teacher, you represent and warrant that:

1. you are a teacher, teacher-assistant, or similar educational professional who is employed by the school which Student attends;
2. you have full permission from the school by which you are employed to use the Site and Services on the school’s behalf;
3. you have the legal right and authority to enter these Terms on the school’s behalf and to legally bind the school to these Terms;
4. you have the written permission from each Parent and/or Student to whom you request an invitation to be sent through the Services, to communicate with them via email and/or text message;
5. you will immediately cease using the Site and Services when you are no longer a Teacher of the Students (unless you re-register for new Students at a different school in accordance with these Terms); and
6. you will not require any Students to register to use the Services; Students must be free to determine whether they wish to use the Services.

Student Registration. You are only permitted to use the Services as a student user ("Student") on condition that:

1. you are at least 13 years of age; or
2. if you are under 13 years of age, your legal parent or guardian and/or Teacher has consented to your use of the Services. We may terminate a Student's access to the Services at any time and without warning for any failure to comply with these Terms.

In addition to your other obligations specified in these Terms, by registering to use the Services as a Student, you represent and warrant that:

1. you are a student who wishes to use the Services for your own personal educational purposes;
2. you understand and agree that your use of the Site and Services is governed by these Terms (please ask your Parent to explain these Terms if you do not understand them); and
3. you will immediately cease using the Site and Services when you no longer wish to use (or you are no longer permitted to use) the Site and/or Services for any reason. You acknowledge and agree that through the Teacher dashboard, and/or other features of the Services, Zzish and/or your Teacher and/or your Parent and/or your Classmates may be able to review your activities using the Services, including without limitation, your scores in practice lessons and benchmark assessments, and your communications and messages to and from, and other interactions with, message boards, blogs, and other Students and Teachers.

Required Registration Information. Students are required to submit a name to use the Services. To create a full Zzish Student Account Students are required to also set a password.

Parent registration. You are only permitted to use the Services as a parent user ("Parent") on condition that you are a parent of a student. We may terminate a Parent user account at any time and without warning for any failure to comply with these Terms.

In addition to your other obligations specified in these Terms, by registering to use the Services as a Teacher, you represent and warrant that:

1. you are a teacher, teacher-assistant, or similar educational professional who is employed by the school which Student attends;
2. you have full permission from the school by which you are employed to use the Site and Services on the school’s behalf;
3. you have the legal right and authority to enter these Terms on the school’s behalf and to legally bind the school to these Terms;
4. you have the written permission from each Parent and/or Student to whom you request an invitation to be sent through the Services, to communicate with them via email and/or text message;
5. you will immediately cease using the Site and Services when you are no longer a Teacher of the Students (unless you re-register for new Students at a different school in accordance with these Terms); and
6. you will not require any Students to register to use the Services; Students must be free to determine whether they wish to use the Services.

Zzish reserves the right to approve or reject all users of the Services, in Zzish's sole discretion.

You are responsible for maintaining the confidentiality of your password used to access the Site or Services, secret identity (in the case of Students) and any Third-Party Site Passwords (collectively, "Passwords"), and you are responsible for all activities that occur using your Passwords. Except to the extent a Student shares his or her secret identity with his or her Parent, you agree not to share your Passwords, let others access or use your Passwords or do anything else that might jeopardize the security of your Passwords. You agree to notify Zzish if any of your Passwords are lost, stolen, if you are aware of any unauthorized use of your Passwords or if you know of, or suspect, any other breach of security in relation to this Site or the Services.

Termination of Accounts. You may close your user account at any time by following the account cancellation procedure on the Site or by contacting us using the contact information specified below in these Terms, and requesting termination of your account. We may terminate your account any time and for any reason in our sole discretion. To the extent you have paid any fees to Zzish (as further specified below in these Terms) prior to termination of your account, you will not be entitled to any refund of such fees.

Beta Release

If you register for a "beta account" or other pre-release version of the Site, Services, and/or Resources (each, a "Beta Release"), you acknowledge and agree that the Beta Release may contain, in Zzish's sole discretion, more or fewer features, content, or different licensing terms than a subsequent commercial release version of the Beta Release that may be offered through the Site and/or Services. You acknowledge and agree that any "beta account" will automatically convert to a commercial release version account upon the launch date of the Site or Services to the public ("Public Launch Date"). If you do not wish to continue using the Site or Services after the Public Launch Date, you may delete your account as set forth above in these Terms.

While Zzish generally intends to distribute commercial release versions of the Site, Services, and Resources, Zzish reserves the right not to release later commercial release versions of any Beta Release. Without limiting any disclaimer of warranty or other limitation stated in these Terms, you agree that any Beta Release is not considered by Zzish to be suitable for production use, and that it may contain errors affecting its proper operation.

BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT USE OF A BETA RELEASE MAY EXHIBIT SPORADIC DISRUPTIONS THAT HAVE THE POTENTIAL TO DISRUPT YOUR USE OF THE SITE IN GENERAL AND ANY SERVICES AND/OR Resources THAT MAY BE OFFERED ON OR THROUGH THE SITE. Zzish, ON ITS BEHALF AND ON BEHALF OF THE OTHER Zzish PARTIES (AS DEFINED BELOW), SPECIFICALLY DISCLAIMS ALL DAMAGES RESULTING FROM YOUR USE OF ANY BETA RELEASE.

Fees, Services, Pricing, and Payments

Zzish does not currently charge any fee to register to open an account for the Services. However, you may be required to pay fees to use certain features or content made available through the Site and Services. We reserve the right in our sole discretion to introduce fees for use of all or any portion(s) of the Site and/or Services at any time. We will notify you if we introduce any new fees or change existing fees. Such notification will take place as specified above in these Terms. However, we will never apply any new or higher fees to you retroactively.

A. Fees

Teacher-Sellers and Publisher-Sellers who wish to sell their Resources through the Service must register and open an account as a Member. There is no fee for joining as a Member.

B. Pricing of Resources

Teacher-Sellers and Publisher-Sellers are solely responsible for setting the prices for the sale of their Resources submitted to and distributed through the Service provided that such pricing (for items that are not offered free of charge) is not below the minimum price set by ZZISH. The minimum price is subject to change; the then-current minimum price will be disclosed each time a Seller uploads a product for sale. Sellers are obligated to sell their Resources at the prices listed on the Service.

You agree that Zzish may offer Teacher-Buyers discounted purchase plans such as annual memberships and bundles of resources that may include your submission and that Teacher-Buyers may buy your resource at a price lower than your set price unless you choose to opt-out of such discounted purchase plans.

C. Agreement of Teacher-Seller and Publisher-Seller to Pay Service Fees

In consideration for the services provided by ZZISH, you (Teacher-Seller) agree to pay ZZISH a service fee ("Service Fee") for all resources you sell to Teacher-Buyers through the Service, in accordance with the following:

1. Members will pay a Service Fee equal to 30% of the sale price of each purchase subject to a minimum of US 30 cents per purchase; For each transaction, ZZISH will automatically deduct the Service Fee from the sale price collected from Teacher-Buyers through the Service, and then will distribute the remaining amounts to the Teacher-Seller and Publisher-Seller on a monthly basis as follows:
2. ZZISH will collect payment from Teacher-Buyers at the time a purchase is made through the Service
3. ZZISH will notify you (the Teacher-Seller or Publisher-Seller) by email of the sale once payment has been verified and collected from the Teacher-Buyer, and
4. provided you are in compliance with these Terms, on a monthly basis, ZZISH will distribute the monies due to you (as a Teacher-Seller or Publisher-Seller) for the sale of your Resources, in accordance with this Section C. If you are in breach of these Terms, for example due to violation of the conduct provisions in Section 6 hereto, ZZISH reserves the right, according to its sole discretion, to withhold any funds that would otherwise be due to you under these Terms, and either keep those funds permanently, or refund them to the Teacher-Buyers who purchased content from you. All monies due to Sellers pursuant to this Section C will be paid to such Sellers as close to 28 days following the last day of the month in which a purchase of your Resources is made (e.g., within 28 days after January 31 for January sales). ZZISH reserves the right to delay payment. Monthly payments will be made through PayPal for all Teacher-Sellers and Publisher-Sellers; ZZISH reserves the right to add, remove or otherwise alter the payment processors used by the Service. If you (as a Teacher-Seller or Publisher-Seller) cannot acquire an account with an approved payment processor, we may consider an alternative form of payment on a case-by-case basis. We make no representation regarding the services provided by our payment processors, and are not responsible for delays in payment caused by them. ZZISH will charge a fee for making each Monthly Payout that is equal to but not more than the cost to ZZISH from its respective payment processors for making the payout. This fee is subject to change at the discretion of the payment processors, and will be taken directly out of your Monthly Payout.

D. Additional Agreements and Obligations of Sellers

By listing an item for sale, or uploading it to the Service, you (Teacher-Seller or Publisher-Seller) represent and warrant to prospective Teacher-Buyers that you have the right and ability to sell, and that the listing is accurate, current, and complete and is not misleading or otherwise deceptive. You further represent and warrant that the Resources, and use of the same will not infringe any right – including, but not limited to the copyright or trademark right – of any third party.

If you are a Teacher-Seller or Publisher-Seller of digital Resources, you agree to make at least one sample of such digital Resources available to Teacher-Buyers at no charge at all times when you are offering digital Resources for sale via the Service. When selling digital Resources, you agree that the entire product being sold must be contained within the Resources provided, and that no part of such digital Resources will be delivered separately and require an additional purchase, for example via a third-party website or other channel.

For any item of Digital Content you upload, you agree to provide your authorization, in the form of the statement below, to Buyers to print and make copies of free and purchased resources.

"The holder of this receipt is authorized by the owner or creator of the materials listed below, to print and/or make copies of these materials for personal use and/or classroom instruction."

Additionally, unless otherwise authorized, Sellers agree not to – and agree to cause their affiliates, agents, employees and contractors not to – use or disclose to any third party any order information, or other data or information regarding Teacher-Buyers or any other users of the Service, which is obtained through the Service or disclosed to Sellers by ZZISH in connection with a transaction made via the Service, for any purpose except as necessary to complete transactions made through the Service and otherwise fulfill their obligations under this Agreement (including, without limitation, for purposes of solicitation, advertising, direct marketing, harassment, invasion of privacy, or any other objectionable conduct).

E. Agreement of Teacher-Buyers to Pay for Purchases

When you (Teacher-Buyer) purchase original digital Resources you will have the ability to use the materials from your dashboard page for as long as the materials are available through the Service. We may, in our sole discretion, make original digital Resources you purchase available indefinitely, but your access to such materials through your dashboard may be disabled if the material is removed from the Service, for example, by the original seller as a result of the original seller’s account being closed or the Resources being removed in response to an intellectual property complaint or Digital Millennium Copyright Act notification. ZZISH cannot restore access to, or provide copies of, purchased Resources that have been removed from our Service.

You agree not to share your purchases with your colleagues unless you have purchased additional licenses. You agree not to post your purchased or freely downloaded files on the Internet.

You agree to pay in full for all Resources purchased through the Service, and agree that ZZISH may charge your credit card, PayPal or other account for any Resources purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued to or in connection with your Member Account. If you chose to pay via School Purchase Order, you agree that ZZISG may charge your credit card or PayPal account for any Resources purchased, including any applicable shipping charges, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued to or in connection with your Member Account if the invoice submitted in connection with any School Purchase Order has not been paid within 30 days of the date on which ZZISH invoiced your school.

YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL SALES PRICES AND FEES, AND FOR PROVIDING ZZISH WITH VALID CREDIT CARD INFORMATION OR PAYPAL ACCOUNT DETAILS FOR PAYMENTS OF ALL SUCH FEES AND CHARGES.

You agree that delivery of the Resources to you does not transfer to you any commercial or promotion use rights in the Resources. You agree that your use of the Service (including your purchase of Resources) constitutes your acceptance of and agreement to use the Service and such Resources solely in accordance with this Agreement, and that any other use of the Service or Resources may violate copyright and other laws of the United States, other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. As a condition of use, you agree not to share your purchases with your colleagues unless you have purchased additional licenses.

F. Electronic Signatures and Contracts

Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

G. Limitations

Your direct interactions (if any) with other visitors to or Members of the Service, including the purchase of, sale of, payment for, and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and that individual. Like with any web-based interaction, we suggest that you use caution and good judgment. You further understand and agree that ZZISH is not involved in any actual transactions made through the Service, and that it is not the agent or representative of any Teacher-Seller, Publisher-Seller, or Teacher-Buyer (or any visitor) for any purpose whatsoever and that it is not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other visitor’s or Member’s use or disclosure of your personally identifiable information. For details about our information collection practices, please see our Privacy Policy. IF THERE IS A DISPUTE BETWEEN YOU AND ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY MEMBER OR VISITOR OF THE SERVICE), ZZISH IS UNDER NO OBLIGATION TO BECOME INVOLVED, AND YOU HEREBY RELEASE ZZISH FROM ANY CLAIMS, DEMANDS, OR DAMAGES OF ANY KIND AND OF ANY NATURE ARISING OUT OF OR RELATING TO ANY SUCH DISPUTE. You agree that you are solely and exclusively responsible for any federal, state, or local taxes, including sales taxes, that might apply to any sales you make in connection with Service.

H. Refund Policy

All sales are final, and no refunds are available.

ZZISH may in its sole discretion make certain exceptions to this policy on a case-by-case basis, for example if: (a) a digital resource is defective; or (b) a product description is materially deceptive or misleading. If such an exception is made, ZZISH may issue to the buyer a refund for such purchase in any manner it deems appropriate, including without limitation in the form of store credit.

As a buyer, it is your responsibility to determine that you have the appropriate hardware/software to make use of your purchases, and that the content you are purchasing is legal and noninfringing. No refunds are available in these cases. Products removed from the Service due to a complaint of copyright/trademark infringement, or for any other reason, are not eligible for a refund.

If ZZISH elects to issue a refund to a buyer, the amount refunded will be deducted from the seller’s next Monthly Payout, provided however that if the seller’s next Monthly Payout is less than the refund amount(s), ZZISH may charge such refund amount(s) to the seller’s credit card, PayPal account, or other payment processor account.

Electronic Communications

By using the Site and Services provided on or through the Site, you hereby consent to receive electronic communications from Zzish. These electronic communications may include notices about applicable fees, taxes, other charges, transactional information, and other information concerning or related to the Site and Services. These electronic communications are part of your relationship with Zzish. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Marketing Communications

We may send periodic promotional or informational emails to teacher and parent users. You may opt-out of such communications by following the opt-out instructions contained in the e-mail. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving emails about recommendations or other information we think may interest you, we may still send you e-mails about your account or any Services you have requested or received from us.

Links to Third-Party Sites

This Site may be linked to other websites that are not Zzish sites, including, without limitation, social networking, blogging, and similar websites through which you may be able to log into this Site using your existing account and log-in credentials for such third party websites, including without limitation, Google and Facebook (any and all of which of the foregoing listed websites may change from time-to-time) and websites that provide educational content and question-and-answer forum functionality (collectively, "Third-Party Sites"). Certain areas and features of the Site may allow you to interact and/or conduct transactions with such Third-Party Sites, and, if applicable, allow you to configure your privacy settings in your Third-Party Site account to permit your activities on this Site to be shared with your contacts in your Third-Party Site account and, in certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on this Site.

You acknowledge and agree that the Third-Party Sites may have different privacy policies, terms and conditions, and/or user guides and business practices than Zzish, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions and/or user guides. You hereby agree to comply with any and all terms and conditions, users guides, and privacy policies of any of Third-Party Sites. Zzish is providing links to the Third-Party Sites to you as a convenience, and Zzish does not verify, make any representations about, or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content, services, links displayed, and/or any other activities conducted on or through such Third-Party Sites.

YOU AGREE THAT NEITHER ZZISH NOR THE OTHER ZZISH PARTIES SHALL, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, TO YOU OR ANY THIRD PARTY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES, Resources, AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE PRODUCTS, SERVICES, CONTENT, OR BUSINESS PRACTICES OF ANY THIRD PARTY.

Submissions

You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds, lessons, educational Resources and other content that you submit, upload, post, send, or otherwise make available on or through the Site and Services (each a "Submission"). You may not upload, post, send or otherwise make available on this Site or through the Services, any material protected by copyright, trademark or any other intellectual property or other proprietary right without the express permission of the owner of such copyright, trademark or other intellectual property or other proprietary right, and the burden of determining whether any material is protected by any such right is on you.

You agree to pay for all royalties, fees, damages, and any other monies owing to any person and/or entity by reason of any Submissions posted by you to or through this Site and the Services. Without limiting the foregoing, you shall be solely liable for any and all claims, damage, and loss resulting from any infringement and/or misappropriation of copyrights, trademarks, and/or other proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability, and appropriateness. Without limiting the foregoing, you are only permitted to make Submissions that are consistent with the educational purposes for which Zzish makes the Site and Services available.

Zzish's guiding philosophy is to promote education for children as broadly as possible. Accordingly, to the extent you provide Submissions that consist of lessons or other educational content, we encourage you to place such content in the public domain so that anyone may use it. Unless otherwise explicitly stated herein or in Zzish Privacy Policy, you agree that any Submission provided by you in connection with these Services is provided on a non-confidential basis. You hereby grant to Zzish a non-exclusive, perpetual, irrevocable (except as expressly set forth in this Agreement), royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works of, publish, transmit, distribute, and otherwise use each of your Submissions, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to use the Submissions. IF YOU CHOOSE TO CANCEL YOUR MEMBERSHIP AND LEAVE THE SERVICE, AND/OR HAVE REMOVED YOUR RESOURCES FROM THE SERVICE, THIS LICENSE WILL BE DEEMED REVOKED AT THE TIME THAT YOU CANCEL YOUR MEMBERSHIP AND/OR REMOVE ALL SUCH RESOURCES, HOWEVER ZZISH LICENSE TO MAKE RESOURCES YOU HAVE SOLD PRIOR TO CANCELLATION OF YOUR MEMBERSHIP AND/OR REMOVAL OF SUCH CONTENT AVAILABLE TO MEMBERS WHO HAVE PURCHASED SUCH MATERIAL PRIOR TO CANCELLATION OF YOUR MEMBERSHIP AND/OR REMOVAL OF SUCH CONTENT SHALL SURVIVE CANCELLATION OF YOUR MEMBERSHIP AND/OR REMOVAL OF SUCH CONTENT.

We may modify or adapt your Submissions in order to transmit, display, or distribute them over computer networks, in various media, and/or make changes to the Submissions as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services, or media and/or otherwise modify them in any manner in our sole discretion. Zzish does not guarantee any confidentiality with respect to any Submissions.

For the avoidance of doubt and without limiting the foregoing, you acknowledge and agree that you retain ownership of your Submissions; provided however, that Zzish may use such Submissions in accordance with the foregoing license. By way of example only, Zzish may use any lesson (or any modification and/or derivative work thereof) submitted by a user through the Services for Zzish's benefit, without any fee, royalty, other payment, or attribution due to the submitting user; provided, however, that the submitting user may not compel any such use.

When you provide Submissions you agree that those Submissions shall not be in violation of the "Unauthorized Activities" paragraph below. THOSE PROHIBITIONS DO NOT REQUIRE ZZISH TO MONITOR, POLICE OR REMOVE ANY SUBMISSIONS OR OTHER INFORMATION SUBMITTED BY YOU OR ANY OTHER USER.

Ratings

Zzish may in its sole discretion, enable users to provide feedback and/or ratings concerning lessons and other Resources that they have used through the Services or otherwise. Such feedback and ratings are intended to enable users to evaluate the usefulness of such Resources. Please use caution and good judgment when providing feedback or ratings, as they will be viewable by other users of the Services. All feedback and ratings that you provide through the feedback and ratings features will constitute Submissions. Without limiting the foregoing, you may not: (i) post any false, malicious, reckless, abusive, defamatory, offensive, inflammatory, or inappropriate information about any lesson or other Resources; (ii) disclose any personally identifiable information or other confidential information of any user or other person using the feedback and ratings tool; (iii) manipulate feedback and ratings, including, without limitation, by rating your Submissions; or (iv) provide feedback or ratings on unrelated Resources. You are solely and exclusively responsible and liable for all feedback and other ratings that you provide.

Unauthorized Activities

When using this Site and/or the Services, you agree not to:

Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as the rights of privacy and publicity) of others. Use racially, ethnically, or otherwise offensive language. Discuss or incite illegal activity. Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated). Post anything that exploits children or minors or that depicts cruelty to animals. Post any Resources that violate the copyright rights, trademark rights, or other intellectual property rights of any person without the express permission from the owner. Disseminate any unsolicited or unauthorized advertising, promotional Resources, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitations. Use any robot, spider, scraper, or other automated means to access the Site or Services. Take any action that imposes an unreasonable or disproportionately large load on our or our third-party service providers' infrastructure. Alter the opinions, comments, messages or other Submissions posted, sent or otherwise communicated by others on this Site or through the Services. *Post, send, or otherwise communicate any Submission or other information contrary to our public image, goodwill or reputation, as determined by us in our sole discretion.

This list of prohibitions provides examples and is not complete or exclusive. Zzish reserves the right to:

1. terminate access to your account and your ability to post to this Site (or use the Services); and
2. refuse, modify, delete, or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Zzish determines is inappropriate or disruptive to this Site and/or the Services or to any other user of this Site and/or Services. In addition to violating these Terms, any unauthorized use of any Resources may violate applicable laws, rules, and/or regulations.

ZZISH MAY REPORT TO LAW ENFORCEMENT AUTHORITIES, OR OTHER THIRD PARTIES, ANY ACTIONS THAT MAY BE ILLEGAL AND ANY REPORTS IT RECEIVES OF SUCH CONDUCT. WHEN LEGALLY REQUIRED OR AT ZZISH’S DISCRETION, ZZISH WILL COOPERATE WITH LAW ENFORCEMENT AUTHORITIES IN ANY INVESTIGATION OF ALLEGED ILLEGAL ACTIVITY IN CONNECTION WITH THE SITE, SERVICES, OR ON THE INTERNET, WITH OR WITHOUT NOTICE TO YOU.

Indemnification

You hereby agree to indemnify, defend, and hold harmless, Zzish, its parents, affiliates, subsidiaries, suppliers, licensors, and business partners, and its and their respective officers, directors, employees, and agents (collectively, the "Zzish Parties") from and against any and all costs, damages, liabilities, losses, and expenses (including without limitation attorneys’ fees and costs of defense) any Zzish Party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site and/or the Services, or the use of this Site and/or the Services, by any person using your user name and/or Password (including without limitation, your participation in the Interactive Features and your Submissions) violates any applicable law, rule or regulation, or the copyrights, trademark rights or other rights of any third party, including without limitation, the intellectual property, privacy, and/or publicity rights of any third party. For the avoidance of doubt, Teachers’ foregoing indemnification obligations expressly extend to the acts and omissions of their Students for whom they are responsible in accordance with these Terms.

Proprietary Rights

"Zzish", "Quizalize" and associated logo(s) are trademarks owned by Zzish in the United States of America, United Kingdom and in other countries. Other trademarks, names and logos on this Site are the property of their respective owners.

Unless otherwise expressly specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images, and icons and all Resources, as well as the arrangement thereof, are the sole property of Zzish, Copyright © 2015 Zzish.com. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express prior written consent of the copyright owner or license.

The Mobile Application software that is provided to you through the Site and Services and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, if you are a government entity, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users: (i) only as Commercial Items; and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United Kingdom.

Certain Resources that are not Submissions may be provided by third party licensors and suppliers to Zzish and your use of such Resources may be governed by separate and additional terms; you will be notified if such additional terms apply.

Intellectual Property Infringement

Zzish respects the intellectual property rights of others, and we ask you to do the same. Zzish may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site and the Services for users who infringe or misappropriate the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site or is otherwise made available through the Services, please provide Zzish’s designated agent with the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit Zzish to locate the material.
• Information reasonably sufficient to permit Zzish to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Zzish's agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:

support@zzish.com

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Submitting a DMCA Counter-Notification

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to the Zzish designated agent specified above, that includes all of the following information:

• Your physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
• A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
• Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States of America, for any judicial district in which Zzish may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Termination of Repeat Infringers

Zzish reserves the right, in its sole discretion, to terminate the account or access of any user of our Site and/or Services who is the subject or repeated DMCA or other infringement notifications.

Disclaimer of Warranties

Your use of this Site and/or the Services is entirely at your own risk. The Resources have not been verified or authenticated in whole or in part by Zzish, and they may include inaccuracies or typographical or other errors. Zzish does not warrant the accuracy or timeliness of the Resources contained on this Site or otherwise made available through the Services. Zzish has no liability for any errors or omissions in the Resources, whether provided by Zzish, our licensors or suppliers or other users.

YOU ACKNOWLEDGE AND AGREE THAT ZZISH AND THE OTHER ZZISH PARTIES DO NOT REPRESENT, WARRANT, COVENANT OR GUARANTEE THAT USING THE SITE AND/OR SERVICES WILL RESULT IN ANY IMPROVED PERFORMANCE BY ANY STUDENT OR WILL RESULT IN ANY PARTICULAR STUDENT ADVANCEMENT OR ATTAINMENT.

ZZISH, FOR ITSELF AND THE OTHER ZZISH PARTIES, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, COVENANTS OR GUARANTEES IN CONNECTION WITH THIS SITE OR THE SERVICES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR CONTENT CONTAINED OR PRESENTED ON OR THROUGH THIS SITE AND/OR THE SERVICES, INCLUDING WITHOUT LIMITATION, THE RESOURCES AND SUBMISSIONS.

THIS SITE, THE SERVICES, AND RESOURCES, AND ANY INFORMATION OR CONTENT CONTAINED OR PRESENTED BY Zzish ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Zzish DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

Some jurisdictions do not allow certain disclaimers and/or limitations of warranties and similar protections, so the foregoing may not apply to you; in such case, Zzish's warranties shall be limited to the greatest extent permitted under the applicable laws of such jurisdiction.

Limitation of Liability

IN NO EVENT SHALL ZZISH OR THE OTHER ZZISH PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, SERVICES AND/OR Resources, INCLUDING WITHOUT LIMITATION, LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT OR DATA, EVEN IF Zzish KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

IN ADDITION, IN NO EVENT SHALL ZZISH’S OR THE OTHER ZZISH PARTIES’ TOTAL CUMULATIVE LIABILITY ARISING UNDER OR IN CONNECTION WITH THESE TERMS, EXCEED THE GREATER OF: (I) ONE HUNDRED US DOLLARS (US$100); OR (II) THE TOTAL AMOUNT OF ANY FEES YOU HAVE PAID ZZISH FOR THE SERVICES DURING THE ONE (1) YEAR PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE RELEVANT ZZISH PARTY’S LIABILITY.

Some jurisdictions do not allow certain limitations of liability, so the foregoing may not apply to you; in such case, Zzish Parties' liability will be limited to the greatest extent permitted under the applicable laws of such jurisdiction.

Local Laws

Zzish controls and operates this Site from its headquarters in the United Kingdom and the Site and Services may not be appropriate or available for use in other locations. If you use this Site or Services outside the United Kingdom, you are responsible for following applicable local laws, rules and regulations. You acknowledge and agree that the Site and Services are primarily designed for users in the United Kingdom and are based on U.K. curricula, requirements and standards, which may be different to curricula, requirements and standards in other jurisdictions.

Feedback

If you send or transmit any communications, comments, questions, suggestions, or related Resources to Zzish, whether by letter, email, telephone, or otherwise (collectively, "Feedback"), suggesting or recommending changes to the Site or Services, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Zzish is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Zzish is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution. The terms of this paragraph shall not apply to your Submissions which are governed by the terms set forth above under "Submissions".

General

Zzish prefers to inform you if we feel that you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by Zzish in our sole discretion, may result in immediate termination of your access to the Site and Services without prior notice to you. Any disputes relating to these Terms or the Site or Services will be heard in the courts located in the United Kingdom. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Zzish’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Zzish in respect of the Site and Services and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Zzish relating thereto. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions, and any other terms which by their nature are intended to survive, shall survive any termination of these Terms.

Contact Us

If you have any questions about these Terms or otherwise need to contact Zzish for any reason, you can reach us at Runway East London Bridge, 20 St Thomas St, London SE1 9RS or support@zzish.com.

Effective Date: May 18, 2018