TERMS OF SERVICE

  1. INTRODUCTION

These are the terms of service (“Terms”) of your (“You”) use and access to the www.triviacastle.com (the “Website”), including your use Our content (“Services”). The Services are provided by DailyMedia.net “Trivia Castle”, “We”, “Our” or “Us”).  Accordingly, these Terms represent a legally binding agreement between you and Trivia Castle. Please read the Terms carefully and be sure to understand the Terms before accessing any of our Services. Please note that these Terms apply to you each time you use and access our Services. Further note that your uses of our Services are subject to our Privacy Policy, which you are also advised to read and review carefully.

2.      ELIGIBILITY

The Website is intended solely for persons who, if they are a natural person, are eighteen (18) years of age or older, and any registration by, use of or access to the Website by any natural person under 18 is unauthorized, unlicensed and in violation of these Terms. By using the Services, you represent and warrant that, if you are a natural person, you are 18 or older and that you agree to and will abide by all of the terms and conditions of these Terms. If you violate any of these Terms, or otherwise violate an agreement between You and Us, Trivia Castle may terminate your User Account, delete your User Profile and any content or information that you have posted on the Website and/or prohibit you from using or accessing the Services (or any portion, aspect or feature of the Services), at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18.

  1. ACCEPTING THESE TERMS; YOUR CONSENT TO ELECTRONIC COMMUNICATION & OUR LIMITED LICENSE TO YOU

By using or accessing Our Website and Services, You represent that you have read and understand these Terms and our Privacy Policy and you agree to be bound by these Terms and our Privacy Policy. If you do not agree to the Terms, do not use or access the Website & Services. We would be happy to make any clarifications regarding the Terms if you reach out to us via [email protected] Until you get an official email response from Us in response to any such email from you, do not access the Services made available via the Website, if You are still unsure about the Terms.

When you access the Services on our Website, by sending e-mails, uploading information and other communications from your desktop or mobile device to Us, you may be communicating with Us electronically. You consent to receive communications from us electronically, such as e-mails, push notices or notices and messages on the Website or through the other services we may provide from time to time, and you can retain copies of these communications for your records (Communications). You consent to receive messages from Us, our agents, representatives, affiliates. You certify, warrant and represent that the email address that you have provided to Us are yours and not someone else’s. You represent that you are permitted to receive emails via the email address you have provided to Us. You agree to alert Us whenever you stop using a particular email address. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

By accepting and agreeing to these Terms electronically, you represent that: (1) by reason of the fact that our Services and the Website are available as an online service, you understand that your consent to the Terms and our Privacy Policy will be in the form of an electronic consent (2) You have read and understand this consent to use electronic signatures and to receive Communications electronically; (3) you satisfy the minimum hardware and software requirements specified below; and (3) your consent will remain in effect until you withdraw your consent as specified below. To withdraw your consent to these Terms or the receipt of Communications, please send us an email via [email protected]. If you withdraw your consent to receive Communications electronically, we may close any User Accounts created by You and You will no longer be able to use the Services, except as expressly provided in these Terms. Any withdrawal of your consent to receive Communications electronically will be effective only after we have a reasonable period of time to process your withdrawal and confirm such withdrawal to you in writing. We will do our best to respond to any email sent by You to us in relation to the Terms within 5 working days. Please note that withdrawal of your consent to receive Communications electronically will not apply to Communications electronically provided by Us to you before the withdrawal of your consent becomes effective. We reserve the right, in our sole discretion, to communicate with you in paper form. In addition, we reserve the right, in our sole discretion, to discontinue the provision of electronic Communications or to terminate or change the terms and conditions on which we provide electronic Communications. Except as otherwise required by applicable law, we will notify you of any such termination or change by updating these Terms on the Website or delivering notice of such termination or change electronically. In order to ensure that we are able to provide Communications to you electronically, you must notify us of any change in your email address by updating your profile on the Website.

Please note that in order to access and retain Communications provided to you electronically, you must have: (1) a valid email address; (2) a computer or other mobile device (such as tablet or smart phone) that operates on a platform like Windows or a Mac; (3) a connection to the Internet; (4) a Current Version of Internet Explorer 8 (or higher), Mozilla Firefox 7.0, Safari 5, or Chrome 15; (5) a Current Version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader version 7 or higher; (6) a computer or device and an operating system capable of supporting all of the above; and (7) a printer to print out and save Communications in paper form or electronic storage to retain Communications in an electronic form. “Current Version” means a version of the software that is currently being supported by its publisher.

As long as you comply with these Terms, we grant you a personal, non-exclusive, non-transferable, limited privilege to access Our Website for the sole purpose of using the Services. This license does not include any resale or commercial use of any of the Services, the Website, or its contents; any derivative use of any of the Services or Website or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these are reserved and retained by Trivia Castle or its licensors, suppliers, publishers, rights holders, or other content providers. No aspect of our Services may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Trivia Castle. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Trivia Castle without express written consent. You may not use any meta tags or any other “hidden text” utilizing Trivia Castle’s name or trademarks without the express written consent of Trivia Castle. The licenses granted by Trivia Castle terminate if you do not comply with these Terms or our Privacy Policy

You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

 

  1. CHANGES TO THESE TERMS

We reserve the sole right to modify the Terms and our Privacy Policy without prior permission from You or informing You. This relationship creates a contractual and legal duty on you to periodically check the Terms and stay updated on its requirements. If you continue to use the Websites and the Services following such a change, this is deemed as consent by you to the so amended Terms.

  1. OUR SERVICES

The purpose of the Service is to allow You to have access to Our games and other content that may be of interest to you. The Website   text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the Site, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the Website (collectively, the “Content”).

The Services and Website may require an Internet connection from a third-party provider in order to use some features. In such cases, your Internet connection is subject to the fees, restrictions, terms and limitations imposed by your provider

 

  1. YOUR USER ACCOUNT & YOUR RESPONSIBILITIES AS A USER

To access the Services, you may need to create your own Trivia Castle account (User Account) on the Website and you may be required to be logged in to the User Account. To set up a User Account, We may request contact information such as email address or unique identifiers such as username and password..

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your User Account, and you agree to accept responsibility for all activities that occur under your account or password. Trivia Castle reserves the right to refuse service, terminate accounts or terminate your rights to use the Services. You shall be responsible for maintaining, updating, completing and safeguarding the confidentiality of your account and you shall be responsible for all activities that occur on your account. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms, We shall have the right to indefinitely suspend or terminate or block access to your User Account. Any profile that You open with us is personal to You and You are prohibited from permitting any other person to access or use your User Account. Any unique identifiers/codes that we give you, remains our property and we can disable, reclaim and reuse these once your User Account is terminated or deactivated for whatever reason by either You or Us, and all your personal information is removed.

You agree to promptly update your account and other information, including your email address, so that we can continue to use the Services and we can contact you as needed.

In order for Trivia Castle to perform its Services, You hereby agree to Us collecting, storing and updating personal information. We are committed to protecting and respecting your privacy. The information you share on the Website, including your personal details, profile information and passwords will be processed by Data Protection Standards, to ensure the privacy and security of your User Account. Trivia Castle shall take appropriate measures to ensure personal information is kept confidential and securely stored.

We do not guarantee that the Website and Services, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

  1. PROHIBITED USES

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any local, international, federal, or state regulations, rules, laws; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, harm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.

You are a restricted user of the Website. You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the website is not permitted.

You agree not to access (or attempt to access) the Website or Services by any means other than through the interface that is provided by the Website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website is specifically banned.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Submissions“), provided by you to Trivia Castle are non-confidential and shall become the sole property of Trivia Castle. Trivia Castle shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. 

A breach or violation of any of the Terms will result in an immediate termination of your access to the Website and Services. We reserve the right to refuse service to anyone for any reason at any time.

  1. THIRD-PARTY TOOLS, LINKS AND SERVICES

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by You of optional tools offered through the site is entirely at your own risk and discretion and You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

Certain content, and Services available via the Website may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the use of Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure You understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

We may also offer on behalf of other third parties, products, which we think may be useful to You. In that event, please note that your relationship with such third party will be governed by the said third party’s agreements in addition to the Terms and the Privacy Policy. We would not be liable for any legal issues arising from your use of such third party services. You are advised to contact such third party and obtain the relevant legal advice before entering a legal relationship with such third party.

  1. OWNERSHIP OF INTELLECTUAL PROPERTY

All content on the Website, including but not limited to designs, text, graphics, pictures, video messages, video, information, software, music, source code, software compilations, sound and other files, and their selection and arrangement (the “Website’s Content“), are the proprietary property of Trivia Castle with all rights reserved. No Websites Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Trivia Castle’s prior written permission, except as provided in the following sentence and except that the foregoing does not apply to your own User Content (as defined below) that you legally post via the Website. Provided that you are eligible for use of the Website, you are granted a limited license to access and use the Website and to download or print a copy of any portion of the Website’s Content solely for your use in connection with your use of the Website or Services, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content (as defined below), you may not republish Website’s  Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Website’s Content is strictly prohibited. Any use of the Website or the Websites Content other than as specifically authorized herein, without the prior written permission of Trivia Castle, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by us at any time without notice and with or without cause.

  1. COOKIES

Like many other websites, we use cookies to identify you as a user and to customize and improve our Services. A cookie is a small data file that is transferred to your computer or mobile device. It enables us to remember your account log-in information, IP addresses, web traffic, number of times you visit, date and time of visits. Some browsers may automatically accept cookies while some can be modified to decline cookies or alert you when a website wants to place a cookie on your computer.

  1. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE CONTENTS ON OUR WEBSITE, SERVICES AND ALL INFORMATION, MATERIALS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ARE PROVIDED BY TRIVIA CASTLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TRIVIA CASTLE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, TRIVIA CASTLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TRIVIA CASTLE DOES NOT WARRANT THAT THE WEBSITE, SERVICES, INFORMATION, CONTENT, MATERIALS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU OR ELECTRONIC COMMUNICATIONS SENT TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, TRIVIA CASTLE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, THE WEBSITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. IN NO EVENT SHALL TRIVIA CASTLE, ITS REPRESENTATIVES, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

  1. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Trivia Castle and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. The persons indemnified hereunder reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.

  1. ASSIGNMENT & THIRD PARTY BENEFICIARIES

You must not transfer, assign, or delegate your obligations under these Terms, without our prior written consent. To the extent permitted by applicable law, we may transfer, assign, or delegate these Terms and our rights and obligations hereunder without your consent.

  1. COPYRIGHT POLICY

 You may only upload content that you have the right to upload and share. Copyright owners may send Trivia Castle a takedown notice as stated in our DMCA if they believe Trivia Castle is hosting infringing materials. We will, in appropriate circumstances, delete such contents and/or terminate the accounts of persons who repeatedly infringe.

  1. TERMINATION

If you breach any of these Terms, we have the right to suspend or disable your access to or use of the Services. You may terminate this agreement at any time by contacting us to request deactivation.

  1. GOVERNING LAW & DISPUTE RESOLUTION

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of California, without regard or giving effect to any principles or conflict laws that provide for the application of the law of another jurisdiction. 

  1. DISPUTE RESOLUTION BY BINDING ARBITRATION

For any and all controversies, disputes, demands, claims, or causes of action between You and Us (including the interpretation and scope of this Section, dispute, demand, claim, or cause of action) relating to the Services, the Website, or these Terms, you and Us agree to resolve any such controversy, dispute, demand, claim, or cause of action exclusively through in the federal or state courts of California. You and Trivia Castle consent to the personal jurisdiction in those courts.

You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, Trivia castle may seek injunctive relief in any court of competent jurisdiction.

  1. GENERAL

(a) These Terms constitute the entire terms and conditions between you and Trivia Castle relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Trivia Castle; (b) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Trivia Castle hereto, (c) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (d) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (e) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein.

  1. CONTACT

If you have any questions (or comments) concerning the Terms, you are most welcome to send us via e-mail to [email protected]

By mail:

274 Redwood Shores Pky
Unit #311
Redwood City, CA 94065,
United States

 

  1. ADDENDA

This Agreement incorporates the following documents (and no others) by reference:

  • Privacy Policy

 

Last Updated: August 06, 2020

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