TERMS OF SERVICE

1.     Acceptance of Terms of Service

a.      Welcome to TrivWorks.com, a website operated by TrivWorks, Inc. (“TrivWorks”).  By using or visiting the TrivWorks website or any TrivWorks products and services provided to you on, from, or through the TrivWorks website (collectively, the “Service”) you signify your agreement to (1) these terms and conditions (the “Terms of Service”), and (2) TrivWorks’s privacy notice, found at www.TrivWorks.com/Privacy-Policy, and incorporated herein by reference. If you do not agree to these Terms of Service, please do not use the Service.

b.     Electronic Agreement. The Terms of Service is an electronic contract that sets out the legally binding terms of your use of Service. The Terms of Service includes TrivWorks’s policies regarding Content (defined below) posted on the Service and TrivWorks’s Privacy Policy. By accessing the Service you accept the Terms of Service and agree to all of the terms, conditions and notices contained or referenced herein.

c.      Electronic Form.  By accessing the Service you consent to have the Terms of Service provided to you in electronic form.

d.     Ability to Accept Terms of Service.  You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service.

2.     Service

a.      These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes, without limitation, the text, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, or access through the TrivWorks website. The Service includes all aspects of the TrivWorks self-hosted trivia games, including but not limited to any products, software, applications or other services offered via the Service, now or in the future. 

b.     The Service may contain links to third party services that are not owned or controlled by TrivWorks. TrivWorks has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party services.  In addition, TrivWorks will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve TrivWorks from any and all liability arising from your use of any third-party website.

3.     Purchase of Goods or Sponsorship Opportunities

a.      If you purchase products offered for sale through the Service, you agree to the terms and conditions governing all such purchases, including all requirements to pay any applicable fees and charges. TrivWorks will notify you of any changes to fees and charges.

b.     Unless otherwise stated, all fees and charges are non-refundable.

4.     Use License – Permissions and Restrictions

a.      TrivWorks hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that you will not:

i.      Impersonate any person or entity;

ii.      express or imply that any statements you make are endorsed by TrivWorks without TrivWorks’s specific prior written consent.

iii.      distribute in any medium any part of the Service or the Content without TrivWorks’s prior written consent;

iv.      alter, modify or copy any part of the Service or Content;

v.      post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.

vi.      remove any copyright or other proprietary notations from the Service or Content;

vii.      transfer the materials to another person or “mirror” the materials on any other server;

viii.      collects users’ content or information, or otherwise access the Service, using automated means (such as harvesting bots, robots, spiders, or scrapers) without the express written consent of TrivWorks;

ix.      engage in unlawful multi-level marketing, such as a pyramid scheme, on the Service;

x.      upload viruses or other malicious code;

xi.      solicit login information or access an account belonging to someone else;

xii.      bully, intimidate, or harass any user;

xiii.      post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence;

xiv.      use the Service to do anything unlawful, misleading, malicious, or discriminatory;

xv.      do anything that could disable, overburden, or impair the proper working of the Service, such as a denial of service attack; or

xvi.      facilitate or encourage any violations of the Terms of Service.

        b.      This license shall automatically terminate if you violate any of these restrictions and, in any event, may be terminated by TrivWorks at any time, for any reason. Upon termination of your license to use the Service, you must destroy any downloaded materials in your possession whether in electronic or printed format.

5.     Use of Content 

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content:

a.      The Content on the Service, and the trademarks, service marks and logos (“Marks“) on the Service, are owned by, or licensed to, TrivWorks and are subject to copyright and other intellectual property rights under the law.

b.      Content is provided to you “AS IS”. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by TrivWorks on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of TrivWorks or the respective licensors of the Content. TrivWorks and its licensors reserve all rights not expressly granted in and to the Service and the Content.

c.      You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.

d.      You understand that when using the Service, you will be exposed to Content from a variety of sources, and that TrivWorks is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, or which you may deem offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TrivWorks with respect thereto.

6.     Content Posted by You on the Service

a.      You are solely responsible for the Content that you publish or display (i.e., “post”) on the Service through a public-facing blog, chat room or similar communication medium. You will not post any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to TrivWorks.

b.      You understand and agree that TrivWorks may review and delete any user content, including, without limitation, messages, emails, photos or profiles, in each case in whole or in part, that in the sole judgment of TrivWorks violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users, as determined by TrivWorks in its sole and absolute discretion.

c.      By posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to TrivWorks, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by TrivWorks will not infringe or violate the rights of any third party.

d.      You may not engage in advertising to, or solicitation of, other users of the Service. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Service.

7.     Disclaimers; Limitation of Liability.  

a.      DISCLAIMER OF WARRANTIES. TrivWorks PROVIDES THE SERVICE “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TrivWorks MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, GAMES OR CONTENT INCLUDED IN THE SERVICE. TrivWorks MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TrivWorks EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

b.     LIMITATION OF LIABILITY

IN NO EVENT WILL TRIVWORKS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, ARISING FROM OR INCIDENTAL TO THE USE OF THE SERVICE, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF THE INDEMNIFIED PERSONS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.

8.     Indemnity

To the extent permitted by applicable law, you agree to defend, reimburse, indemnify and hold harmless TrivWorks, its shareholders, officers, employees, agents and representatives, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.

9.     Digital Millennium Copyright Act

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. TrivWorks’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: david@trivworks.com, or TrivWorks, Inc., 3045 Ladoga Avenue, Long Beach, CA 90808.

10.   Revisions and Errata

The materials appearing on the Service could include technical, typographical, or photographic errors. TrivWorks does not warrant that any of the materials on its web site are accurate, complete, or current. TrivWorks may make changes to the materials contained on its web site at any time without notice. TrivWorks does not, however, make any commitment to update the materials.

11.  No Third Party Beneficiaries

These Terms of Service are not intended to, and shall not, confer upon any person or entity other than the parties hereto any rights or remedies hereunder, it being expressly understood and agreed that enforcement of these Terms of Service and all rights of action relating to such enforcement are strictly reserved to the parties hereto.    

12.  Assignment 

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you.  Notwithstanding the foregoing, TrivWorks may assign these Terms of Service without restriction. 

13.  Miscellaneous

These Terms of Service shall be governed by the laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and TrivWorks that arises in whole or in part from use of the Service shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. These Terms of Service, together with the Privacy Notice at www.TrivWorks.com/Privacy-Policy and any other legal notices published by TrivWorks on the Service, shall constitute the entire agreement between you and TrivWorks concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and TrivWorks’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. TrivWorks reserves the right to amend these Terms and of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.  YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Dated:  May 8, 2018