Terms of Service

OnlineExamSim.com (OES) is an online tool (engine/simulator) to create/read educational contents, usually exam/test files. We, offer a free online service, we might (and have the full rights) to include paid additional features in future.
The Services are provided to you, the user of the Services of OnlineExamSim.com (“OnlineExamSim”, “We”, etc.), as free online tools. The same is applied for other platforms of the tools if any (such as: Android apps, IOS apps…etc)

A. Applicability

1. Please read the Terms of Service carefully. If you use our Services, you agree to the Terms of Service.
2. If the Services include services of third parties, the terms and conditions, notice and take down policies and/or privacy and cookie policies may apply. OnlineExamSim is not responsible for these services, terms and/or policies.
3. OnlineExamSim can amend the Terms of Use from time to time. OnlineExamSim recommends that you review the Terms of Service from time to time and take note of any changes. By continuing to use the Services you accept any change made to the Terms of Service.
4. These Terms of Service supersede any and all prior oral and written quotations, terms, communications, agreements and understandings between you and OnlineExamSim.

B. OnlineExamSim

1. OnlineExamSim is free from registration and charge.
2. If you use OnlineExamSim, we will show ads from advertisers and artists selected by us.
3. OnlineExamSim is not a file host/transfer provider. It is a tool to create your educational contents and it is your responsibility to distribute your file.
4. Exam files can be signed or not signed. By signing your exam file, an extra code (connected with your account) will be added to track your file whenever it is used and statics will be generated accordingly. For example, you will know how many times the exam has been started, completed, rewarded…etc. Also, user will be able to review and rate your file. Also, you will be able to control access to your file and update the protection methods at any time. On the other hand, none of the above can be applied for not-signed exams. That being said, all files are encrypted with secure code conncted to OnlineExamSim online servers.
C. OnlineExamSim Plus
1. OnlineExamSim Plus is referred to any paid feature that will be provided by us. The main service will be always for free but extra features (such as remove ads, host file to our cloud storage…etc). OnlineExamSim Plus provides you with additional features that OnlineExamSim may change or expand from time to time.
2. OnlineExamSim might offer annual and monthly subscriptions.
3. To use OnlineExamSim Plus, you must register for an account on the OnlineExamSim by filling in your personal details, e-mail address, password and payment method and details. Should registrations appear to be untruthful; OnlineExamSim holds the right to delete the account.
4. In case of any changes in personal details, you are requested to update the information in your profile immediately.
5. We may change the content of the OnlineExamSim Plus services or the subscription fee from time to time. Any price changes will apply to you no earlier than one month following our notice to you.

D. Confidentiality

1. Any file generated is treated confidentially. OnlineExamSim does not provide any public search function, catalogue or listing to find files that would be available. If your file gets popular, you will be having the choice to allow search engine to find your file.
2. OnlineExamSim will not look into any created files, unless this is necessary and in line with our Privacy & Cookie Statement, for instance to provide you with (technical) support on your request or if we are by law obliged to do so.
3. Files can be protected with different modes; some is required a password. It is your responsibility to protect and strengthen your passwords.

E. File ownership, permissions and responsibility

1. OnlineExamSim does not claim any ownership of the contents of the files you create/distribute through our Services. You are fully and solely responsible and accountable for the files you transfer through our Services.
2. By using our Services, you guarantee that you have, for each files, all required permissions, including from copyright and other intellectual property rights holders, to distribute, transfer, store and/or make available online as part of our Services.
3. OnlineExamSim is not liable to you or any third party for any damages arising out of the content shared by you and the use, reuse, of OnlineExamSim files, including but not limited to, copyright protected works and/or trademarks.

F. Restrictions

1. OnlineExamSim respects your rights and expects that you respect those of OnlineExamSim, its artists, advertisers and third parties. This includes respecting the right to privacy, corporate intelligence and business secrets and intellectual property rights, such as trademarks, copyrights, trade names and logos. You agree not to use the Services to commit or promote, enable or facilitate unlawful or criminal acts or violations of these Terms of Service or facilitate or promote others to do so.
2. As a condition to make use of the Services you agree not to create, transfer, distribute or store any files that:
• feature child pornography;
• are obscene, defamatory, libellous, slanderous, profane, indecent or unlawful,
• promote racism, violence or hatred;
• are factually inaccurate, false, misleading or deceptive;
• you don’t have the right to copy and/or transfer;
• infringe, violate or misappropriate intellectual property rights, privacy rights, including data protection rights, and/or any other kind of rights;
• infringe on or violate any applicable law or regulation;
• constitute ‘hate speech’, whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group, and/or;
• facilitate or promote gambling, or the sale or use of liquor, tobacco products or illicit drugs.
3. In addition, you agree not to:
• impersonate or falsely pretend affiliation with any person or entity;
• access any non-public areas of the OnlineExamSim website or Services;
• send viruses, worms, malware, junk mail, spam, chain letters, phishing mails, unsolicited promotions or advertisements of any kind and for any purpose;
• attempt to probe, scan, compromise or test the vulnerability of the OnlineExamSim website or Services or any related service, system or network or breach any security or authentication, unless you do so in accordance with our Responsible Disclosure Policy.

G. Violation of the Terms of Service

1. OnlineExamSim reserves the right to investigate, provide to third parties, (temporarily) block and/or remove from its servers, without warning, any files data and/or accounts or to block anyone from accessing any part of the OnlineExamSim website or Services, when OnlineExamSim ascertains, at their own discretion or after receiving substantiated and valid complaints, that you violate these Terms of Service or act in violation of any applicable law or regulation.
2. When profile information is used in violation of these Terms of Service and/or any applicable law or regulation, OnlineExamSim reserves the right to investigate and/or remove, without warning, any information on your account or block anyone from accessing your account or files.
H. Intellectual property rights
1. All intellectual property rights and/or similar rights to the (content and design of the) OnlineExamSim website, including the software, wallpapers, photography, graphic design, typography, portraits and logos, as well as trademarks, copyrights and trade names featured on wallpapers used within the Services, are vested in OnlineExamSim or its licensors.
2. OnlineExamSim supports the design industry. A large number of the wallpapers, including photography, graphic design, typography, portraits and logos, as well as trademarks and tradenames featured on wallpapers used within the Services, are the intellectual property of their respective rights holder.
3. You are not allowed to copy, reproduce, make available online to the public, sell or reuse anything from the OnlineExamSim website and its users files in any way without the permission of the rights holder. OnlineExamSim is not responsible or liable for the files contents or wallpapers, in-ad links to external websites or the contents, products or services offered on external websites. You accept that all use outside the OnlineExamSim website is at your own risk.
4. You will always respect and observe the good name and reputation of OnlineExamSim and ensure that its use of the OnlineExamSim website and the Services will in no way prejudice any rights and/or the good name and reputation of OnlineExamSim and its licensors.

I. Disclaimer

1. OnlineExamSim provides its Services “AS-IS”, without warranty of any kind. Without limiting the foregoing, OnlineExamSim explicitly disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. OnlineExamSim makes no warranty that the Services are available on an uninterrupted, secure or error-free basis. Your use of the Services is at your own risk. You acknowledge and agree that OnlineExamSim is not responsible for any damages to your computer system or the computer system of any third party that result from use of the Services and is not responsible for any failure of the Services to store, transfer or delete a file or for the corruption or loss of any data, information or content contained in a file.

J. Indemnity and Liability

1. You will defend, indemnify and hold harmless OnlineExamSim, including its employees and affiliates, from and against any claims, incidents, liabilities, procedures, damages, losses and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms of Service, including any third party claims that files created to the Services by you or through your account infringe or violate any third party rights.
2. OnlineExamSim is not liable for any damage or personal injury resulting from any use of the OnlineExamSim website or Services. The limitation of liability referred to in this clause shall not apply if the liability for damage is caused by intent or gross negligence on the part of OnlineExamSim.

Contact

You can contact OnlineExamSim at legal[@]OnlineExamSim.com. If you have any questions, just send us an email in English.