To access the Service, including websites and games, you must agree to these Terms of Service. To access certain parts of the Service you will be required to create an account with How Do You Know That Trivia (an “Account”). By registering an Account, or otherwise using the Service, you represent that you are age 18 or older. If you are under 18, you represent that your legal guardian has reviewed and agreed to these Terms of Service. How Do You Know That Trivia may, at any time, require proof of your identity and age and/or of consent from your legal guardian, and may restrict use of the Service until such proof has been verified. If you access the Service from a third-party site (e.g. Facebook) you will comply with its terms of service/use as well as these Terms of Service.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT PURCHASE, INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
Grant of a Limited License to Use the Service
The availability of the Service will be determined in our sole discretion. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of the Service or access to the Service.
How Do You Know That Trivia may terminate your license immediately if HDYKT Trivia determines, in its sole discretion, that you are in violation of any of the following License limitations. You agree that you will not, under any circumstance:
Share any of the questions or answers in any of the trivia games, with the public at large.
Create an Account if you are younger than the age of 18 or allow anyone under the age of 18 to use your Account. You accept full responsibility for any unauthorized use by a minor, including the use of your credit card or other methods of payment.
Copy, reproduce, distribute, transfer, sell, license, publish, enter into a database, publicly perform or display, modify, create derivative works, upload, edit, frame, transmit, rent, lease or sublicense, or in any way exploit, any part of the Service.
Circumvent or modify, attempt to circumvent or modify, or encourage or assist any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
Copy, reproduce, distribute, adapt, translate, modify, decompile, disassemble, reverse engineer or derive the source code of any software, applications, or programs used in connection with the Service.
Copy, modify, alter, remove, or deface any trademarks, service marks, or other intellectual property displayed or made available through the Service, or use any of the foregoing for any purpose other than the purpose for which such intellectual property is made available to users of the Service.
Interfere or attempt to interfere with the operation of the Service, or the servers or networks connected to the Service including through service attacks, overloading a service, improperly seizing or abusing operator privileges (“hacking”), or attempting to “crash” a host.
Use or attempt to use the Service in any manner to avoid incurring charges where charges would otherwise be payable.
Disrupt, interfere with or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users' experiences when using the Service.
Use any data mining tools, robots, or similar data gathering and extraction tools on the Service or frame any portion of the Service, it being agreed that should we become aware that your device has been jail broken or rooted or has undergone any other similar process you will not be permitted to access the Service on your device.
Use the Service to invade another person’s privacy, or to collect or store personal data about other users.
Use the Service in a manner that is contrary to law or that would serve to restrict or inhibit any other user from using or enjoying the Service.
Solicit or attempt to solicit Login Information or any other login credentials or personal information from other users of the Service.
Use the Service if, previously, you have been removed from the Service by How Do You Know That Trivia.
THIS AGREEMENT WILL TERMINATE AUTOMATICALLY IF YOU FAIL TO COMPLY WITH ITS TERMS AND CONDITIONS. IN SUCH EVENT, YOU MUST DESTROY ALL COPIES OF THE SERVICE AND ALL OF ITS COMPONENT PARTS AND CEASE AND DESIST FROM ACCESSING ANY COMPONENTS OF THE SERVICE. WITH REGARD TO THE SERVICE OR ANY COMPONENTS OF THE SERVICE DELIVERED ON A PHYSICAL STORAGE MEDIUM, YOU CAN END THIS AGREEMENT BY DESTROYING SUCH STORAGE MEDIUM, AND ALL COPIES AND REPRODUCTIONS, AND BY DELETING AND PERMANENTLY PURGING THE SERVICE AND ANY COMPONENTS OF THE SERVICE FROM ANY CLIENT SERVER OR COMPUTER ON WHICH IT HAS BEEN INSTALLED.
Ownership How Do You Know That Trivia retains ownership of all rights, title and interest to the Service (including without limitation all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer code, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, character profile information, documentation and moral rights whether registered or not and all applications thereof, including but not limited to the trivia questions). The Service is protected by applicable laws and treaties throughout the world. Unless expressly authorized by mandatory legislation, the Service may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from How Do You Know That Trivia.
YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR ACCOUNT, AND THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND FOREVER SHALL BE OWNED BY AND INURE TO THE BENEFIT OF HOW DO YOU KNOW THAT TRIVIA.
You are solely responsible for the interactions between users of the Service, for example parties who are using the Service, for example playing a trivia game against each other, using the Service. You hereby release How Do You Know That Trivia (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any claims, demands and damages (actual or consequential) of any kind that are in any way connected with such a dispute.
You acknowledge that we may disclose information relating to your use of, or access to, the Service that is necessary to satisfy any law, regulation, governmental or other lawful request from any applicable jurisdiction.
Access to certain parts of the Service requires a subscription. For clarity, the Service to be provided in the context of a subscription shall be provided so long as payment is paid in full to How Do You Know That Trivia, as further outlined at https://howdoyouknowthattrivia.com/products/weekly-subscription.
We may change plans and prices from time to time; however, any price changes or changes to our service plans will apply to you no earlier than thirty (30) days following notice to you, using any contact information we have for you in our discretion, including but not limited to providing notice on our website.
When payment is required, provide How Do You Know That Trivia with a current, valid, accepted method of payment, which you may update from time to time (“Payment Method”). If a payment is not successfully settled, due to expiration of the Payment Method, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your Membership, we may suspend your Membership and access to the Service until we have obtained a valid Payment Method. When you update your Payment Method, you authorize us to charge the outstanding fees. For some Payment Methods, the issuer may charge you certain fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
You are responsible for all Internet access charges related to your use of the Service. Please check with your Internet provider for information on possible Internet data usage charges.
If your business, venue, or event for which you will use the Service requires a license for general music use, you confirm that you have paid the appropriate license to the relevant party or parties for general music use. Upon request by How Do You Know That Trivia, you shall provide proof of payment of such license(s). Notwithstanding anything to the contrary herein, your indemnification obligations as set out in these Terms of Service includes, but is not limited to, indemnifying, defending and holding harmless How Do You Know That Trivia, its partners, affiliates, contractors, licensors, officers, directors, employees, independent contractors, and agents from all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your omissions in connection with your music license obligations. You shall use your best efforts to cooperate with us in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Notwithstanding anything to the contrary herein, with respect all intellectual property, including but limited to the images, audio-visual content, audio content, and written content, which are embedded into or otherwise provided to you related to the delivery of Service or the Service itself (the “Content”), (i) you may not distribute raw files, including but not limited to raw image files, to the parties interacting with the Service (including but not limited to the people playing a trivia game) (the “End Users”); (ii) End Users shall have no rights to the Content outside use of the Content as incorporated into the Services, and (iii) End Users may not manipulate or make any other use of the Content.
You must ensure that End Users agree to be subject to these Terms of Service that require them to use the content solely in a manner consistent with the rights and restrictions in these Terms of Service. You shall defend, indemnify and hold harmless How Do You Know That Trivia, its partners, affiliates, contractors, licensors, officers, directors, employees, independent contractors, and agents, as well as Getty Images and its parent, subsidiaries, affiliates, and content suppliers, and each of their respective officers, directors and employees from all damages, liabilities and expenses (including reasonable outside legal fees) arising out of or in connection with any use of the content by any End Users that violate these Terms of Service.
Your use of the Service may require your device to be connected to the Internet. You are solely responsible for the cost and maintenance of your Internet and/or mobile connection, including any data usage, roaming or other charges that you incur. You acknowledge that your experience using the Service may vary depending on the quality of your Internet or mobile connection and device capabilities. Further, you acknowledge that, from time to time, you may be unable to access the Service. Your use of the Service is subject to certain minimum technical requirements. It is your responsibility to ensure that you have access to the hardware and/or software platforms required to access and use the Service. We reserve the right to change or cease support of any hardware or software platforms at any time. We may change the technical requirements from time to time at our sole discretion and, unless we specify otherwise, you are responsible for updating or maintaining your devices, Internet or mobile connection, and hardware and software platforms as necessary to meet the technical requirements.
LOGIN INFORMATION AND YOUR ACCOUNT
You may need to create an Account that requires a username and password, or other credentials (“Login Information”). You will not share your Account or Login Information with anyone, nor will you let anyone else use your Account or do anything which may jeopardize the security of your Account. You are responsible for any activities that happen through your Account, including purchases. How Do You Know That Trivia reserves the right to remove any usernames or Accounts at any time and for any reason, including but not limited to claims by a third-party that a username violates the third-party's rights.
The party who creates the Account has access and control over the Account and devices that are used to access the Service. To maintain control over the Account and to prevent anyone from accessing the Account, you should maintain control over the devices that are used to access the Service and not reveal any personal information associated with the Account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your Account. We can terminate your Account or place it on hold to protect you, How Do You Know That Trivia or our partners from identity theft or other fraudulent activity.
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE. QUIZRUNNERS MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE. QUIZRUNNERS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. HOW DO YOU KNOW THAT TRIVIA DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT IT WILL FUNCTION UNINTERRUPTED, ERROR FREE OR AT ALL, OR THAT ALL DEFECTS IN THE SERVICE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF, OR LIMITATIONS ON, LIMITED OR IMPLIED WARRANTIES, AND IN SUCH JURISDICTIONS, QUIZRUNNERS’ LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Notwithstanding the foregoing, How Do You Know That Trivia has a refund policy, the details of which are available here: https://howdoyouknowthattrivia.com/refundpolicy
You may be required to download an application to access the Service. The service used to download such application may have an End User License Agreement that applies to your use of the application. Any charges or obligations that you incur in your dealings with third-party vendors are your responsibility. If you seek a refund for any reason in connection with third-party dealings, you must seek it from the third-party vendor, not How Do You Know That Trivia.
For clarity, you agree abide by any End User License Agreement from any third-party whose technology is being used to deliver the Service, including but not limited to Dropbox.
LIMITATION OF LIABILITY
IN NO EVENT SHALL HOW DO YOU KNOW THAT TRIVIA BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE SERVICE, INCLUDING WITHOUT LIMITATION ANY LOSSES OR DAMAGES CONNECTED WITH OR CONSISTING OF LOST PROFITS, DAMAGE TO PROPERTY, LOST OR CORRUPTED DATA OR FILES, LOSS OF GOODWILL, CONSOLE, COMPUTER OR HANDHELD DEVICE FAILURE, ERRORS IN AND LOST BUSINESS OR OTHER INFORMATION AS A RESULT OF POSSESSION, USE OR MALFUNCTION OF THE SERVICE, OR PERSONAL INJURIES, EVEN IF QUIZRUNNERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IN NO EVENT SHALL HOW DO YOU KNOW THAT TRIVIA’S AGGREGATE LIABILITY EXCEED THE ACTUAL PRICE PAID BY YOU, IF ANY, FOR YOUR USE OF THE SERVICE DURING THE PREVIOUS THIRTY (30) DAYS.
For purposes of this section, How Do You Know That Trivia’s licensors and channel partners are third-party beneficiaries of this limitation of liability and they may enforce these Terms of Service against you. Some countries do not allow certain limitations of liability. This limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You agree to indemnify, defend and hold harmless How Do You Know That Trivia, its partners, affiliates, contractors, licensors, officers, directors, employees, independent contractors, and agents from all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your unlawful or improper acts or omissions in connection with your use of the Service, if any; any breach by you of these Terms of Service; and your violation, alleged violation or misappropriation of any intellectual property right. You shall use your best efforts to cooperate with us in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
For clarity, and notwithstanding anything to the contrary herein, if you should make any questions or answers from any of the trivia games available publicly, which in turn negatively impacts the value of the Service, in How Do You Know That’s sole discretion.
You agree that if you breach the provision herein with respect to making any questions, answers or related information or content from the trivia games available publicly, or any related activity, that you shall be obligated to immediately pay to How Do You Know That Trivia, as liquidated damages for the breach, the amount of Ten Thousand Dollars ($10,000) ("Liquidated Damages") and not as a penalty per occurrence of each breach. You agree that the Liquidated Damages amount set forth herein is a reasonable pre-estimate of How Do You Know That Trivia’s damages in light of (1) the anticipated and actual harm caused by the breach; (2) the difficulties of proof of loss; and (3) the inconvenience or non-feasibility of otherwise obtaining an adequate remedy. This provision shall be in addition to any other rights How Do You Know That Trivia may have herein or at law and shall survive any expiry or termination of these Terms of Service without limit as to time.
BY ACCEPTING THESE TERMS OF SERVICE, YOU WAIVE AND HOLD HARMLESS QUIZRUNNERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY QUIZRUNNERS IN GOOD FAITH DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY QUIZRUNNERS.
Third-party Terms and Conditions
Your access to and use of the Service may be subject to third-party terms and conditions and privacy policies. You recognize and agree that How Do You Know That Trivia is not liable for any such third-party terms and conditions or their use of your personal data.
The waiver by How Do You Know That Trivia, or its decision to not enforce any provision, condition or requirement of these Terms of Service, shall not constitute a waiver of any future right of How Do You Know That Trivia to enforce or rely upon such provision, condition or requirement.
If any portion of these Terms of Service is determined to be unenforceable, invalid or illegal for any reason whatsoever it shall not affect the enforceability, validity or legality of the remaining portions of these Terms of Service. Such unenforceable, invalid or illegal paragraph or portion thereof shall be deemed to be severed from the remainder of these Terms of Service.
Violation of these Terms of Service may result in irreparable damage to How Do You Know That Trivia. How Do You Know That shall be entitled, without bond, other security or proof of damages to equitable remedies (such as injunctive relief) with respect to your breach of any of these Terms of Service. This is no way limits HDYKT Trivia’s rights to claim additional available remedies.
These Terms of Service shall be governed by the laws of Seattle, WA, and the federal laws of The United States of America as applicable herein.
Any dispute arising out of these Terms of Service shall be resolved at How Do You Know That Trivia’s discretion (i) in a King Country, WA court; or (ii) by arbitration. The arbitration shall be conducted in Seattle, WA, before a single arbitrator. The arbitrator’s award shall be final and binding on the parties.
BY ENTERING INTO THESE TERMS OF SERVICE, YOU EXPRESSLY WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST HOW DO YOU KNOW THAT TRIVIA AND ITS PARTNERS.
You agree to execute such further instruments and to take such further action as may reasonably be necessary to carry out the intent of these Terms of Service.
How Do You Know That Trivia shall not be liable for any delay or failure to perform resulting from causes due to unforeseen circumstances or otherwise outside the reasonable control of How Do You Know That Trivia, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, flood, accidents, strikes, or shortages or interruptions of transportation facilities, fuel, electricity, labor, or materials.
If you have any questions concerning these Terms of Service, you may contact firstname.lastname@example.org
Effective Date: Aug 15, 2022
How Do You Know That Trivia offers a 100% money back guarantee. If you are unsatisfied with your purchase within 30 days, for any reason, we will refund your purchase.
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