Q Live Terms of Use

The Q Live mobile application (the “App”) is made available by News UK & Ireland Limited, a company registered in England with Company No 01893198 whose registered address 1 London Bridge Street, London, SE1 9GF (“NewsUK”, “us”, “we” or “our”).

The purpose of the App is to allow you to play “Q Live” – the game that stops the nation! Q Live is a series of shows streamed live daily at set times. Each Q Live show (a “Show”) consists of a 12 question trivia game (a “Game”). You can play as many Games as you want, or just watch Shows. There are prizes for each Game, but you can also accumulate leaderboard points. The Q Live weekly leaderboard (the “Leaderboard”) will give you great bragging rights. We may also award prizes or other benefits to the weekly Leaderboard leader. The more Games you play, the better your chances at climbing the Leaderboard. We may also periodically introduce new or special features and additional prizes. More details of these can be found in the Game Rules or will be explained on the App or in the relevant Show.

Acceptance of terms

By installing or using the App (whether or not you register an Account), you, confirm your acceptance of these terms of use (“Terms of Use”) and the Game Rules (“Game Rules”). If you do not agree to these Terms of Use or the Game Rules, you must immediately uninstall the App and discontinue its use. By using the App you also acknowledge that your information will be used in accordance with our Privacy Policy.

The App is available via the Google Play Store for mobile phones and other devices using the Android operating system (version 5.0 or above) and via the Apple App Store for mobile phones and other devices using the iOS operating system (version 10.1 or above). These Terms of Use incorporate the Google Play Store and Apple App Store terms and conditions and privacy policies (“Platform Terms”). If there is any conflict between these Terms of Use and the Platform Terms then these Terms of Use will prevail.

Changes and availability

We may change these Terms of Use from time to time. We may do this for any reason, including for example to reflect changes in law, or best practice, or because we’ve changed the functionality of the App. You should check the Terms of Use on a regular basis to keep yourself informed of any changes. If you continue to use this App, you are deemed to have accepted any changes we make to these Terms of Use. If you do not agree to such changes, you should not use the App.

We may update the App automatically to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App or functionality may be impaired.

You acknowledge that we may make changes to the Game Rules regularly to reflect changes in the format or rules for Q Live or any particular Game.

Registering for an Account

To use the App and participate in Games you must register for a Q Live account (an “Account”) by providing the information requested when you first download the App. You must provide either your mobile phone number or your Facebook login details. If you register using your mobile phone number, the number must have a +44 or +353 country code. You must also provide your email address. We will use your information as set out in the Privacy Policy.

You may only have one registered Account at any one time. If you enter an email address which is also being used by another registered user we may contact you and require you to satisfy us that you are not in breach of these Terms of Use by operating multiple Accounts at the same time.

Your chosen username must not: (i) have already been taken by someone else who has registered an Account, or (ii) suggest you are someone else. Usernames and profile pictures must not: (i) be obscene or offensive, (ii) infringe any third party rights, or (ii) otherwise (in our absolute discretion) be considered inappropriate. We may ask you to choose a different username or profile picture at any time.

You can ask us to delete your Account at any time by emailing QLIVE@news.co.uk. We will delete your Account within 30 days of receiving your request. Once we have deleted your Account it cannot be recovered and you will lose all your Leaderboard points and any prize money you have won and not yet cashed out.

Eligibility

To use the App and create an Account you must be at least 18 years of age, and resident in the United Kingdom, the Channel Isles, the Isle of Man or the Republic of Ireland.

We reserve the right to ask you to provide satisfactory evidence to prove that you meet the eligibility criteria. If we have reasonable grounds to suspect you do not meet the eligibility criteria we may, without limiting the options available to us, block your use of the App and/or refuse to pay or award a prize.

You may not be able to use the App if you seek to access it outside of the United Kingdom, the Channel Isles, the Isle of Man or the Republic of Ireland.

Use of the App

In return for you agreeing to comply with these Terms of Use and the Game Rules you may download, view, use the App and play Games for your personal, non-commercial use only. You may download the App onto as many of your compatible devices (“Devices”) as you want to, but you may only have one Account. As set out in the Game Rules, you may only use one device to participate in any one Game.

NewsUK hereby grants you a non-exclusive, non-transferable, revocable licence to use the App on your Devices, subject to these Terms of Use, the Game Rules and the Platform Terms.

You are responsible for ensuring that no one else uses the App on your Devices or accesses your Account.

You acknowledge that your agreement with your mobile network provider will apply to your use of the App. You acknowledge that you may be charged by your mobile provider for data services while using certain features of the App or any such third party charges as may arise and you accept responsibility for such charges. If you are not the bill payer for the Device being used to access the App, you must obtain, and will be assumed to have received, permission from the bill payer for using the App.

Intellectual Property

You acknowledge and agree that all rights of whatever nature in and to the App are owned by and expressly reserved to NewsUK or its licensors. The App includes a sublicense of software owned by NewsUK’s licensor, Stream Live, Inc (“Stream”). Other than the right to use the App in accordance with these terms, you have no intellectual property rights in, or to, the App or any related intellectual property rights (such as rights in the Shows, in the Q Live name and logos, in the trade marks of NewsUK, or in Stream’s software). You may not copy the App, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security.

The App, Stream software, Shows and all other content featured in the App are protected by copyright, trade mark, patent and/or other intellectual property and proprietary rights which are reserved to NewsUK and its licensors.

We may offer Users the opportunity to contribute to a Show or to interact with the App, for example by allowing you to post comments on a message board. If you submit any contributions or content (“Content”) to us (whether by email, social media channels, via the App or otherwise) you grant an irrevocable license to NewsUK and its agents and licensees to edit, publish, broadcast and otherwise use that Content for any and all purposes (including advertising) in any and all media throughout the world in perpetuity. You also you hereby waive and agree not to assert (and warrant that all individuals featured have waived and agreed not to assert) any moral rights (or similar or equivalent rights anywhere in the world, including image rights) in and in connection with the Content. You acknowledge that we will have no obligation to use any Content you submit and that we may edit your Content before publication. If your Content is posted directly to the App, we may remove, delete, take down or edit that Content for any reason.

Prohibited Uses

You agree not to use the App in any way that:

  • is unlawful, illegal or unauthorised;
  • encourages or facilitates others to cheat in any Game;
  • infringes any copyright, database right or trade mark of any other person;
  • is likely to disrupt our service in any way including, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, or any operating system;
  • advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement, computer misuse, or collecting or harvesting any information or data from our systems or servers;
  • is defamatory of any other person;
  • is obscene or offensive;
  • promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; or
  • is likely to harass, upset, embarrass, alarm or annoy any other person;

Indemnification

You agree to indemnify NewsUK for any breach by you of these Terms of Use or the Game Rules. NewsUK reserves the right to control the defence and settlement of any third party claim for which you indemnify NewsUK under these Terms of Use and you will assist us in exercising such rights.

No Promises

NewsUK provides the App (including all Shows) on an ‘as is’ and ‘as available’ basis without any promises or representations, express or implied. In particular, NewsUK does not warrant or make any representation regarding the validity, accuracy, reliability or availability of the App, any Shows, Games, or their contents, including without limitation the accuracy of any of the questions, answers, images, statistics, descriptions, etc, found within the App, a Show or a Game.

To the fullest extent permitted by applicable law, NewsUK hereby excludes all promises, whether express or implied, including any promises that the App is fit for purpose, of satisfactory quality, non-infringing, is free of defects, is able to operate on an uninterrupted basis, that the use of the App by you is in compliance with laws or that any information that you transmit in connection with this App will be successfully, accurately or securely transmitted.

Exclusion of NewsUK’s Liability

Nothing in these Terms of Use shall exclude or in any way limit NewsUK’s liability for death or personal injury caused by its negligence or for fraud or any other liability to the extent the same may not be excluded or limited as a matter of law.

To the fullest extent permitted under applicable law, in no event shall NewsUK be liable to you with respect to use of the App. Nor shall NewsUK be liable to you for any direct, indirect, special or consequential damages including, without limitation, damages for loss of goodwill, lost profits, or loss, theft or corruption of your information, the inability to use the App, Device failure or malfunction. NewsUK shall not be liable even if it has been advised of the possibility of such damages, including without limitation damages caused by error, omission, interruption, defect, failure of performance, unauthorised use, delay in operation or transmission, line failure, computer virus, worm, Trojan horse or other harm.

The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If the App damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us. Other than the remedies provided under this paragraph, and to the extent that applicable law does not allow the exclusion of certain promises and/or the exclusion of liability, NewsUK’s liability arising under or in connection with these Terms of Use and your use of the App shall not exceed £250. To the extent permitted by law, Stream shall have no liability to you.

Termination

In the event of your breach of these Terms of Use or the Game Rules we will be entitled to terminate your right to use the App immediately and you must delete or remove the App from all Devices in your possession and immediately destroy all copies of the App which you have.

We reserve the right to permanently or temporarily suspend operation of the App at any time and make no commitment as to whether Shows will be broadcast (whether or not a Show has already been advertised or scheduled). We may also change, introduce or withdraw any game features without notice to you.

We may withdraw the App at any time.

General

If any provision (or part of a provision) of these Terms of Use is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, 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.

These Terms of Use shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales to resolve any dispute between them arising under or in connection with these Terms of Use or the App, save that if you live in Scotland, Northern Ireland or the Republic of Ireland you can bring legal proceedings in the courts of the country in which you live if you wish, but for the avoidance of doubt the governing law shall remain the law of England and Wales.

Contact Us

If you have any questions regarding our App, you can email us at QLIVE@news.co.uk