Terms of Use

1. Introduction

The DQ Test Sites provide a platform to test your digital intelligence or DQ (“Sites”). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING/ALLOWING YOUR CHILD/WARD UNDER EIGHTEEN (18) TO USE ANY SITE. The Sites are owned and operated by DQ World Pte. Ltd. (“DQ World”, “we”, “our” or “us”). The DQ Test Services on the Sites (the “Services”) comprise or a test on digital intelligence for children and adults. These Terms of Use are agreed to and accepted by and shall bind you. By using the Services (or, if you are a parent/guardian of a child under eighteen (18) years old using the Services, by providing Parental Consent (as defined in the Privacy Policy)), you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use, please do not install, use, register to or otherwise access the Services. If you are the parent/guardian of a child under eighteen (18) years old using the Services and you do not agree to these Terms of Use, please do not allow your child/ward to install, use, register for or otherwise access the Services.

You agree that you are fully able and competent to agree to, and comply with, these Terms of Use.

2. Intellectual Property

2.1. All intellectual property in any content, information, code, date, or materials (“Content”) on the Sites belong to DQ World PTE. LTD. (the “IP Owners”). All trademarks, service marks, trade names, and trade dress on the Sites belong to the IP Owners. We may change or delete Content or features on the Sites at any time, in any way, for any or no reason.

2.2. The trademarks, logos, service marks and trade names (collectively, the “Trademarks”) displayed on the Site are registered and unregistered trademarks of DQ World and others and may not be used in connection with products and/or services that are not related to, associated with, or endorsed by their rights holders, or in any manner that is likely to cause customer confusion, or which would disparage or discredit their proprietors. All Trademarks not owned by DQ World that appear on the Sites, if any, are the property of their respective owners. Nothing contained on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the prior written permission of the IP Owners or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Sites or any of the mobile product's services is strictly prohibited. The IP Owners reserve all rights to aggressively enforce their Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.

3. Prohibited Use

3.1. You may use the Sites only for lawful purposes and in accordance with these Terms of Use.

3.2. Any commercial or promotional distribution, publishing or exploitation of the Services or any Content, is strictly prohibited unless you have received the express prior written permission of the IP Owners or the applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any Content. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the Content, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices.

4. Limited Licence

You may access and view the Content on your computer, other Internet-compatible device, or mobile device and make single copies or prints of the content on the Services for your personal, non-commercial and internal use only.

5. Indemnification

5.1. You agree to fully indemnify and hold DQ World and its directors, officers, employees and agents harmless from any and all claims (whether in contract, tort or otherwise), liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Sites, your placement or transmission of any message, content, information, software or other materials through the Sites, or your breach or violation of the law or of these Terms of Use.

5.2. DQ World reserves the right, at its own expense, to assume the exclusive defence and control of any matter which is otherwise subject to indemnification by you, and in such case, you agree to cooperate with DQ World's defence of such claim.

6. Disclaimers & Limitations

6.1. The Content is for general information purposes and is provided on the understanding that no medical relief for cyber-victims such as video game addiction and/or cyberbullying victims is being offered.

6.2. Please seek professional advice from professional counsellors or medical professionals if you/your ward show suspicious symptoms of the aforementioned conditions. The user assumes all responsibility and risk for the use of the Content. Under no circumstances shall DQ World or its contributors/employees or its affiliated organizations or their employees or anyone else involved in creating or maintaining the Sites be liable for any DIRECT, INDIRECT, INCIDENTAL, SPECIAL or CONSEQUENTIAL DAMAGES, INJURY and/or LOSS that results directly or indirectly from the use or misuse of the Content, and such liability is hereby excluded to the fullest extent permitted by law.

6.3. To the fullest extent allowed by law, DQ World excludes all representations or warranties about the accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Sites.

7. Updates to the Services

DQ World may find it necessary to update, or reset certain parameters to balance activity/game play and usage of the Services. DQ World reserves the right to make these updates and is not liable to you for these changes.

8. Third Party Services and Content

8.1. You should be aware that when you are on the Sites, there are links to other sites that take you outside of our service to sites that are beyond our control, such as links from partners, sponsors and content partners that may use our logo(s) as part of a co-branding relationship. ou acknowledge that when you click on any of the aforementioned links, the sites you are taken to are not controlled by us, different terms of use and privacy policies may apply, and we are not responsible for such sites. We do not endorse and cannot ensure that you will be satisfied with any products or services of a third-party site that links to or from any Sites or third-party Content contained on our Sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties.

8.2. You acknowledge that we cannot be held responsible for the accuracy, relevance, legality or decency of material contained on sites retrieved in searches and/or listed in search results or identified on search results pages.

9. Limitation on Liability

9.1. You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Sites for any reconstruction of any lost data.

9.2. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR DUE TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY SERVICES LINKED TO IT.

9.3. YOUR USE OF THE SERVICES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH DQ WORLD MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER DQ WORLD NOR ANYONE ASSOCIATED WITH DQ WORLD REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

9.4. TO THE FULLEST EXTENT ALLOWED BY LAW, DQ WORLD HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE."

9.5. IN NO EVENT WILL DQ WORLD, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

10. Limitation on Time to File Claims

THE EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

11. Non-Waiver

No waiver by DQ World of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of DQ World to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

12. Severability

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

13. Entire Agreement

The Terms of Use, the Privacy Policy and the Parental Consent (if any) constitute the sole and entire agreement between you and DQ World with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.

14. Mobile Networks

When you access the Services through a mobile network, your network or roaming provider's messaging, data and other rates and fees will apply. Downloading, installing or using certain Services may be prohibited or restricted by your network provider and not all Services may work with your network provider or device. We bear no responsibility for such fees, prohibitions or restrictions.

15. Linking to the Sites and Social Media Features

15.1. You may link to our Sites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

15.2. The Sites may provide certain social media features that enable you to: (a) Link from your own or certain third-party websites to certain content on the Sites. (b) Send e-mails or other communications with certain content, or links to certain content, on the Sites. (c) Cause limited portions of content on the Sites to be displayed or appear to be displayed on your own or certain third-party websites. (d) Connect with other users of the Sites. (e) Publish User Generated Content (“UGC”) that will allow all users of the Sites to access and use that information, and to associate it with you. (f) Comment on UGC. (g) Tag (or link) UGC to other users of the Sites.

15.3. You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: (a) Establish a link from any website that is not owned by you. (b) Cause the Sites or portions of them to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site. (c) Link to any part of the Sites other than the homepage. (d) Tag users or send email invitations to non-users without their consent. (e) Post anyone's identification documents or sensitive financial information on the Sites. (f) Otherwise take any action with respect to the materials on the Sites that is inconsistent with any other provision of these Terms of Use.

15.4. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Terms of Use.

15.5. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

15.6. We may disable all or any social media features and any links at any time without notice in our discretion.

16. Governing Law and Jurisdiction

16.1. All matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by the laws of Singapore, excluding its conflicts of law provisions. You and DQ World agree to submit to the personal and exclusive jurisdiction of the courts located within Singapore, to resolve any dispute or claim arising from these Terms of Use or the Privacy Policy.

16.2. Specifically excluded from application to these Terms of Use is the United Nations Convention on the International Sale of Goods.

17. Accounts

17.1. Some services on the Services permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself or your child as prompted by our registration processes. You are responsible for taking reasonable steps to maintain the confidentiality of your or your child’s username and password, and you are responsible for all activities under your or your child’s account that you can reasonably control. You shall not impersonate any person or misrepresent your or your child’s identity, including using another person's username, password or other account information, or another person's name. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving the Services.

17.2 There are three (3) types of accounts you may register for: (a) Class Teacher Account (for class teachers); (b) Individual Account for 8-12 year olds (for individual users aged 8-12 who signed up for an account by themselves or via their parents); and (c) Individual Accounts for 13-18 year olds (for individual users aged 13-18 who signed up for an account by themselves or via their parents).

18. User Generated Content and Account

18.1. We do not pre-screen all UGC and do not endorse or approve any UGC that you and other users may contribute to the Services. You are solely responsible for your UGC and may be held liable for UGC that you post. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

18.2. We respect the intellectual property rights of others. In order to upload your UGC to the Sites, you must first ensure that you have the legal right to do so.

18.3. You may not upload or post any UGC on the Sites that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload UGC that violates the law, this Terms of Use and/or any third party's right of privacy or right of publicity. You may upload only UGC that you are permitted to upload by the owner or by law. DQ World may, without prior notice to you and in its sole judgment, remove UGC that may infringe the intellectual property or other rights of a third party. If you are a repeat infringer of the IP Owners' or a third party's intellectual property or other rights, DQ World may terminate your account without notice to you.

18.4. Any UGC you post to the Sites will be considered non-confidential and non-proprietary. By providing any UGC on the Sites, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

18.5. You represent and warrant that:

18.5.1. You own or control all rights in and to the UGC and/or you have all rights, licenses, consents and releases that are necessary to grant the license referred to above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.

18.5.2. All of your UGC do and will comply with these Terms of Use and all applicable laws and regulations.

18.5.3. You understand and acknowledge that you are responsible for any UGC you submit or contribute, and you, not DQ World, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

18.6. We are not responsible, or liable to any third party, for the content or accuracy of any UGC posted by you or any other user of the Sites.

18.7. We reserve the right (but have no obligation except as required by law) to:

18.7.1. Remove, block, edit, move, disable or take any action with respect to any UGC for any reason, including when we determine that UGC violates these Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Sites or the public, is in breach of any applicable laws or could create liability for DQ World. The decision to remove UGC or other Content at any time is in DQ World's sole and final discretion. To the maximum extent permitted by applicable law, DQ World does not assume any responsibility or liability for UGC or for removal of, UGC or any failure to or delay in removing, UGC or other Content.

18.7.2. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

18.7.3. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites.

18.7.4. Terminate or suspend your access to all or part of the Sites for any or no reason, including without limitation, any violation of these Terms of Use.

19. Content Standards

19.1. These Content Standards apply to any and all UGC and use the Services. UGC must in their entirety comply with all applicable laws and regulations. Without limiting the foregoing, UGC must not:

19.1.1. Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

19.1.2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

19.1.3. Violate the legal rights (including the moral rights, rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

19.1.4. Be likely to deceive any person.

19.1.5. Promote any illegal activity, or advocate, promote or assist any unlawful act.

19.1.6. Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

19.1.7. Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

19.1.8. Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

19.1.9. Consist of or contain software viruses, solicitation or any form of “spam.”

19.1.10. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

20. Copyright Infringement

If you believe that any UGC violates your copyright, please email us at contact@dqworld.net. It is DQ World's policy to terminate the user accounts of repeat infringers.