BY ACCESSING OR USING OUR WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF NOT, PLEASE DO NOT USE OR ACCESS OUR WEBSITE.
We reserve the right to modify the Terms at any time without prior notice to you. We ask that you read these Terms carefully each time you use our Website. All changes to these Terms will be effective from the date posted forward. By using our Website after any change, you accept all new or revised provisions in any revised posted Terms.
2. Services We Provide. We provide you with access to a rich collection of resources, including without limitation various content related to promotions, giveaways, deals, sweepstakes, forums, offers, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (collectively, "Services"). You also understand and agree that the Services may include advertisements and that these advertisements are necessary for us to provide the Services. You also understand and agree that the Services may include certain communications such as service announcements, administrative messages, alerts and informational email newsletters. These communications are considered part of your membership and you will not be able to opt out of receiving them unless you terminate your membership. Unless explicitly stated otherwise, any new features that augments or enhances the current Services, including the release of new properties, shall be subject to these Terms. You understand and agree that the Services is provided "AS-IS" and that we assume no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Services.
You understand that the technical processing and transmission of the Services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Our Website is intended for use in the United States only. If you access the site from outside the US, you agree that you are doing so at your own risk and initiative and are responsible for compliance with all applicable laws, regulations and rules. We are not liable for any consequences of use outside the US.
Please be aware that Service includes adult or mature content. You must be at least 18 years of age to access and view such areas.
2. Access to our Services and Password Protection. To access our Services you may be required to register as a member and use a unique login that includes an email address and a password. Only one user can use each email address and corresponding password. Anyone with knowledge of both your email address and password can gain access to the restricted portions of our Website. By registering for and using our Services, you agree to keep your password confidential and accept responsibility for the confidentiality and use of your password. You will immediately notify us if you become aware of any loss or theft of your password or any unauthorized use of your password. We reserve the right to delete or change a password at any time and for any reason with or without notice.
3. Changes to Our Website. You agree and understand that our Website including, all content and sponsored content may be modified or discontinued at any time, in our sole discretion, without prior notice. All changes are subject to these Terms.
4. Ownership of Intellectual Property. All text, graphics interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and content (collectively “Content”) published on the Website is protected by applicable intellectual property laws and is owned or licensed by us or our licensors. You may not modify, create a derivative work, display, distribute, or exploit, in whole or in part, any of the Content or software contained on, or comprising, our Website without seeking prior written permission from us. You are restricted from using any automated or manual device or process to copy, monitor, index or data mine the Website. Our Website, its respective logos, trade dress, and the graphics and layout of the Website are the registered and/or unregistered service marks, trademarks, and/or trade dress of ours and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, product names, and company names or logos mentioned on the Website are the property of their respective owners. Nothing in these Terms shall be deemed to grant to you any license or right in or to any other proprietary right of ours pertaining to the products sold on and through our Website.
5. License to Use and Copy. We grant you a limited license to make personal use of content on our Website. This license does not include: (a) any resale or commercial use of content on our Website; (b) the collection and use of any product listing or description on our Website; or (c) use of any data mining, robots, or similar data gathering and extraction methods on our Website.
6. Restrictions on Your Use of our Website. Without limiting the generality of any other provisions of these Terms, you agree you shall not: (i) download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of our Website or Content; (ii) remove any copyright, trademark or other proprietary rights notice contained in or on our Website; (iii) use any robot, spider, search application, or other device to retrieve or index any portion of our Website; (iv) transmit or upload to our Website any software or code containing any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade the performance of our Website or any computer utilized to access our Website; (v) use our Website to intentionally or unintentionally, violate any applicable local, state, federal or international law; or (vi) collect or store personal or non-personal data about others in connection with our Website.
7. Accessibility. At times, the site may be inaccessible or inoperable due to but not limited to equipment or communications malfunctions, periodic maintenance, or causes beyond our control or which are not foreseeable by us. We shall not be responsible or liable in any way to you or anyone else due to or as a result of any such inaccessibility or inoperability.
8. Disclaimer. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR WEBSITE, AND THE CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED ON OR DESCRIBED ON OUR WEBSITE IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF OUR WEBSITE, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON OUR WEBSITE. WE FURTHER DISCLAIM ANY WARRANTY EXPRESS OR IMPLIED OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE THROUGH OUT WEBSITE IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM THE USE OR INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF OUR WEBSITE ITS CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON OUR WEBSITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT OUR WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR OUR CUSTOMER SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
9. Limitation on Liability. IN NO EVENT SHALL WE, OUR AFFILIATES, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE, OR IMPROPER USE OF OUR WEBSITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON OUR WEBSITE. THIS LIMITATION INCLUDES ANY DAMAGES OF ANY NATURE FOR THE DISCLOSURE OR MISUSE OF ANY YOUR PERSONAL INFORMATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF LEGAL ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ALL EVENTS, OUR TOTAL MAXIMUM LIABILITY SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. THIS IS A BARGAINED AND AGREED TO PROVISION
10. Indemnification. You agree to indemnify and hold us harmless including our affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives, from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys’ fees and court costs) arising from any claim, cause of action, lawsuit or demand of any third party due to, arising out of or related to (i) your access to or use of our Website , or (ii) your violation of these Terms.
11. Disclaimer of Advertisements and Links to Third Party Website. We display advertisements from third parties on our Website. These advertisements may be in the form of a sponsored content article, banner, link, pop-under or pop-up ads, email marketing. We are not responsible for the content of such advertisements or links, or for any products, services or other materials relating to such advertisements or any click through or linked website. We are paid only for the display and distribution of the advertisement and the display or link does not represent or imply that we endorse such products, services or Website. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE, INCLUDING COMPENSATORY OR PUNITIVE OR ANY LOSS ARISING FROM OR RELATING TO SUCH ADS, LINKS OR WEBSITE.
12. Confidential Binding Arbitration. You agree that by entering into these Terms, you and we are each waiving the right to trial by jury and the ability to participate in a class action.
12.1. ALL DISPUTES BETWEEN YOU AND US RELATING IN ANY WAY TO OUR WEBSITE AND THE PRODUCTS ADVERTISED THEREON (INCLUDING WITHOUT LIMITATION ORDERS MADE FROM ADVERTISING ON OUR WEBSITE, RELATED ADVERTISEMENTS AND DISCLOSURES, EMAIL MESSAGES WE SEND TO YOU, OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH OUR WEBSITE), THESE TERMS, OR YOUR STATUS AS A USER WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN THE FEDERAL JUDICIAL DISTRICT IN WHICH YOU RESIDE, EXCEPT TO THE EXTENT THAT YOU HAVE, IN ANY WAY, VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS.
12.2. If you intend to seek arbitration, you must first send to us, by certified mail, a written Notice of Dispute ("Notice"). The Notice must be mailed to 1730 S. Federal Hwy #385 , Delray Beach, FL 33483. It must be addressed to the attention of Legal Counsel. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If we cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence arbitration.
12.3. All arbitrations required by these Terms will be conducted under the rules of the American Arbitration Association. The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration brought under these Terms may be joined to an arbitration involving any other party subject to these Terms whether through class arbitration proceedings or otherwise. Unless we and you agree otherwise, the arbitrator may not consolidate your claim with any other claim and may not otherwise preside over any form of a representative, private attorney general or class proceeding.
12.4. Each of us will pay our own share of administrative, hearing, and arbitrator’s fees and costs for the arbitration but not the fees, expenses, and costs of our respective lawyers, experts, or witnesses in excess of any filing fee you would have been required to pay to file the claim as a lawsuit in a state or federal court (whichever is greater) in the judicial district in which you reside. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Similarly, an arbitration award and any judgment confirming it can apply only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.
12.5. TO THE EXTENT PERMITTED BY LAW, YOU WILL NOT AGREE TO ACT AS A CLASS REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST US IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS RELATING IN ANY WAY TO US OR OUR WEBSITE INCLUDING WITHOUT LIMITATION ORDERS MADE FROM OUR WEBSITE, SERVICES, ADVERTISEMENTS AND DISCLOSURES, EMAIL OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH OUR WEBSITE OR SERVICE, THESE TERMS, OR YOUR STATUS AS A PURCHASER OF OUR PRODUCTS OR SERVICES. THIS SECTION 11 WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND US.
13. Applicable law. By visiting our Website, you agree that the laws of California without regard to principles of conflict of laws will govern these Terms and any dispute of any sort that might arise between you and us. You also agree to arbitrate any disputes in Delray Beach, FL.
15. Digital Millennium Copyright Act Compliance. It is our policy to promptly process and investigate notices of alleged copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512 ("DMCA"). Pursuant to the DMCA, TriviaPop has designated an agent to receive notification of alleged copyright infringement occurring on Web pages or computer servers. If you believe that your copyrighted work is being infringed on a TriviaPop site, please notify our designated agent by postal mail at:
- 1730 S. Federal Hwy
- Delray Beach, FL 33483
We will review your claim and respond as we deem appropriate, which may include temporary or permanent removal of the allegedly infringing Content from our Website. You acknowledge that if you fail to comply with all the requirements of this Section, your DMCA notice may not be valid.
16. Termination. If you violate these Terms, or otherwise create legal exposure or risk for us, we can stop providing all or part of our Services to you. You may be notified by email or at the next time you attempt to access your membership account, or your access may be stopped without notice. You may also delete your account in full by contacting us at the Contact link at the bottom of the Website.