Terms of Service Agreement
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, DO NOT USE THIS WEB SITE.
This Terms of Service Agreement ("Agreement") apply solely to your access to, and use of, triviaVIP.com ("TriviaVIP"). If you are using TriviaVIP on behalf of any entity, you represent and warrant that you are authorized to accept this Agreement on such entity's behalf, and that such entity agrees to indemnify you and TriviaVIP for violations of this Agreement. Nothing in this Agreement will be deemed to confer any third party rights or benefits.
Updates to Agreement
TriviaVIP reserves the right to change or modify any portion of this Agreement, and any policies or guidelines governing your use of TriviaVIP, at any time in its sole discretion. Any such changes or modifications will be effective immediately upon posting of revisions on TriviaVIP. TriviaVIP will alert you that changes have been made by indicating at the bottom of this Agreement the date they were last updated. Your continued use of TriviaVIP following the posting of such changes or modifications constitutes your acceptance thereof. Therefore, you should frequently review this Agreement and all applicable policies or guidelines on TriviaVIP in order to understand the Agreement and conditions applicable to your use of TriviaVIP. If you do not agree to any changes or modifications to this Agreement or to any applicable policies or guidelines on TriviaVIP, your sole recourse is to stop using TriviaVIP.
Description of TriviaVIP
TriviaVIP is an online consumer service that provides trivia based content and quizzes to our users and introduces our users to third parties who have relevant content and offers.
Registration Data; Account Security
In consideration of your use of TriviaVIP, you agree to: (a) provide accurate, current and complete information about you; (b) maintain the security of your password and identification; and (c) accept all responsibility for all activity that occurs under your username. TriviaVIP is not intended for use by people under the age of 18. TriviaVIP reserves the right to refuse service, terminate accounts, or remove or edit Content (as defined below) in our sole discretion.
- All materials, text, images, photos, video, sounds or other materials including, but not limited to, lists (collectively "Content") that you post on, transmit through, or link from TriviaVIP, are your sole responsibility.
- You must evaluate, and bear all risks associated with, the use of any Content.
- You may not rely on the Content, and that under no circumstances will TriviaVIP be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via TriviaVIP.
- Your use of TriviaVIP and all Content you posted on, transmitted through, or linked from TriviaVIP is in compliance with the rules set forth in this Agreement and all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all export control laws.
- You may not use TriviaVIP in any manner that could damage, disable, overburden, or impair TriviaVIP or interfere with any other user's use and enjoyment of TriviaVIP.
- You may not upload, publish, post, distribute or disseminate any Content that defames, abuses, harasses, stalks, threatens or otherwise violates the legal rights (such as rights of privacy and publicity) of others.
- You may not upload, publish post, distribute or disseminate any Content that is otherwise deemed as pornographic and/or obscene by TriviaVIP. This includes, but is not limited to, commercial pornography, pedophilia, incest, bestiality, child pornography, or anything similar that violates any applicable laws. TriviaVIP will report any evidence of child pornography along with all known user identification and information to the relevant law enforcement agencies.
- You may not upload, publish, post, distribute or disseminate any Content that promotes hatred towards groups based on race or ethnic origin, religion, disability, gender, age, and sexual orientation/gender identity.
- You may not upload, publish, post, distribute or disseminate any Content that impersonates or is intended to impersonate others in a manner that is intended to mislead or does mislead or confuse others.
- You may not upload, publish, post, distribute or disseminate any Content that, any form, is protected by intellectual property laws (or by rights of privacy and/or publicity) unless you own or control the rights thereto or have received all necessary consents.
- You may not upload, publish, post, distribute or disseminate any files that contain viruses, malware, malicious codes, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- You may not use affiliate links to third party sellers who have not approved you into their affiliate programs.
- You may not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of Content that is uploaded, downloaded, published, posted, distributed or disseminated.
- You may not use TriviaVIP to harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- You may not upload, publish, post, distribute or disseminate any unauthorized private, confidential and personal information about others.
- You may not upload, publish, post, distribute or disseminate any Content that is used for unlawful purposes or for the promotion of dangerous and illegal activities.
- You may not copy, distribute or disclose any part of the TriviaVIP in any medium, including without limitation by any automated or non-automated "scraping"
- You may not use any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access TriviaVIP in a manner that sends more request messages to the TriviaVIP servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that TriviaVIP grants the operators of public search engines revocable permission to use spiders to copy materials from TriviaVIP.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials)
- You may attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running TriviaVIP
- You may not take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure
- You may not use TriviaVIP for any commercial solicitation purposes
By providing TriviaVIP your email address you consent to our using the email address to send you Content-related notices, including any notices required by law, in lieu of communication by postal mail. TriviaVIP may also use your email address to send you other messages, such as changes to features of TriviaVIP and special offers. If you do not want to receive such email messages, you may opt out or change your preferences by following the opt-out instructions in the message. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. By connecting to TriviaVIP with a third-party service, you give TriviaVIP permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
TriviaVIP may make available software to access TriviaVIP via a mobile device ("Mobile Software"). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Service. TriviaVIP does not warrant that the Mobile Software will be compatible with your mobile device. TriviaVIP hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one TriviaVIP account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that TriviaVIP may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and TriviaVIP or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. TriviaVIP reserves all rights not expressly granted under this Agreement. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the TriviaVIP service.
- Mobile Software from iTunes. The following applies to any Mobile Software you acquire from the iTunes Store ("iTunes-Sourced Software"): You acknowledge and agree that this Agreement is solely between you and TriviaVIP, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to TriviaVIP as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to TriviaVIP as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party's intellectual property rights, TriviaVIP, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and TriviaVIP acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.
- Text Alerts. As part of the TriviaVIP services, you may opt-in to receive alerts and other relevant information from TriviaVIP via text to the mobile phone number you provide. If you opt-in to this service, expect to get up to five messages per month. Text "HELP" to xxx for help. Text "STOP" to xxx to cancel. There is no charge for this service, but message and data rates may apply. If you have questions, you may also contact us through our Contact Us form.
Disclaimer of Responsibility for Third Party Content; Reservation of Rights
TriviaVIP takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, profanity, or objectionable material you may encounter. Your use of TriviaVIP is at your own risk. As a provider of interactive services, TriviaVIP is not liable for any statements, representations, or Content provided by its users. Although TriviaVIP have no obligation to screen, edit, or monitor any Content posted by users (or any other activities of users on TriviaVIP), TriviaVIP reserves the right, at its sole discretion, to remove, take down, destroy, or delete any Content at any time and for any reason, including without limitation, Content that TriviaVIP deems inappropriate, offensive, or which it believes may subject TriviaVIP to any liability. TriviaVIP may access, use, and disclose transaction information about your use of TriviaVIP, and any Content transmitted by you via or in connection with TriviaVIP, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to initiate, render, bill, and collect for our services; to protect our rights or property, or to protect users of TriviaVIP from fraudulent, abusive, or unlawful use of TriviaVIP. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS AGREEMENT OR ANY RELATED POLICY, GUIDELINE, OR AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY YOU. Any use of TriviaVIP in violation of the foregoing is in violation of these terms and may result in, among other things, the termination or suspension of your rights to use TriviaVIP.
Proprietary Rights; Copyrights
TriviaVIP is protected to the maximum extent permitted by copyright laws and international treaties. The collective Content and other content displayed on or through TriviaVIP, and selective organization of the same, is protected by copyright as a collective work and/or compilation, pursuant to copyright laws and international conventions (the "Collective Content"). Any reproduction, modification, creation of derivative works from or redistribution of the Collective Content, and/or copying or reproducing the Collective Content or any portion thereof, except as provided below, to any other server or location for further reproduction or redistribution is prohibited without the express written consent of TriviaVIP. The Collective Content may not 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 either: a) complying with the terms of this Agreement; or b) TriviaVIP's prior written permission.
Although TriviaVIP does not claim ownership of Content that its users post, by posting or submitting Content to TriviaVIP, you automatically grant and represent and warrant that you have the right to grant to TriviaVIP an irrevocable, perpetual, non-exclusive, fully paid, royalty-free, worldwide license to use, copy, perform, modify, adapt, publish, display, translate, and distribute said Content and to prepare derivative works of, or incorporate into other works said Content and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to TriviaVIP, as part of the Collective Content, you automatically grant TriviaVIP all rights necessary to prohibit any subsequent prohibited aggregation, display, copying, duplication, reproduction, or exploitation of the Collective Content by any party for any purpose.
Any software, including any files, images generated by the software, code, and data accompanying the software owned by TriviaVIP (collectively, "Software"), used or accessible through TriviaVIP may be used by you solely for accessing and/or using TriviaVIP for purposes expressly stated on TriviaVIP and these terms, provided that such uses are not competitive with or derogatory to TriviaVIP. TriviaVIP retains full and complete title to and all intellectual property rights in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse-engineer, disassemble, or create derivative works from any Software.
TriviaVIP's products and processes may be covered by one or more patents and may be subject to other trade secrets and proprietary rights. TriviaVIP reserves all such rights. No transfer or grant of rights under any patents is made or is to be implied by any provision of this Agreement. You agree not to infringe upon such rights or decompile, reverse-engineer, or disassemble any of TriviaVIP's products or processes.
TriviaVIP, the TriviaVIP logo and any other product or service name or slogan contained in TriviaVIP are trademarks of TriviaVIP and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of TriviaVIP or the applicable trademark holder. All page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of TriviaVIP or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of TriviaVIP. Other trademarks, registered trademarks, product names, and company names or logos displayed on TriviaVIP are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Third Party Sites and Content
TriviaVIP may host or provide links to products, Web pages, Web Sites and other Content of third parties ("Third Party Sites and Content"). The inclusion of any link to a Third Party Site or the hosting of any such Content is provided solely as a convenience to TriviaVIP’s users, including you, and does not imply affiliation, endorsement, approval, control or adoption by us of any Third Party Site or any Content contained therein. TriviaVIP makes no claims or representations regarding, and accept no responsibility for such Third Party Sites and Content, or for the quality, accuracy, nature, ownership or reliability thereof. Users, including you, may use these links and the Third Party Sites and Content contained therein at their own risk and you relieve TriviaVIP from any and all liability arising from your use of any Third Party Site, service or content. When you leave TriviaVIP, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Web Site to which you navigate from TriviaVIP.
By using TriviaVIP, you consent to any transfer of personal information, collected by TriviaVIP, outside your country for the purposes of storing the information where TriviaVIP and/or its agents maintain their facilities. You are responsible for protecting and enforcing your rights in and to your Content. No compensation will be paid with respect to the use of your Content, as provided herein.
You acknowledge and agree that TriviaVIP has no responsibility or liability for the deletion of or the failure to store or to transmit any Content maintained by TriviaVIP and you are solely responsible for creating backup copies of and replacing any Content you post or store on TriviaVIP at your sole cost and expense.
Disclaimer of Warranties
UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, TRIVIAVIP, ANY CONTENT AVAILABLE ON TRIVIAVIP AND ANY EMAIL SENT FROM TRIVIAVIP IS PROVIDED TO YOU ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND FROM TRIVIAVIP. TRIVIAVIP DOES NOT WARRANT THAT TRIVIAVIP, ANY CONTENT AVAILABLE ON TRIVIAVIP AND/OR ANY EMAIL SENT FROM IT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TRIVIAVIP MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AVAILABILITY, RELIABILITY OR SECURITY OF TRIVIAVIP, ANY CONTENT AVAILABLE ON TRIVIAVIP OR ANY EMAIL SENT FROM IT. TRIVIAVIP DISCLAIMS ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO TRIVIAVIP, ANY CONTENT AVAILABLE ON TRIVIAVIP AND ANY EMAIL SENT FROM IT WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING: (A) ANY AND ALL WARRANTIES OF MERCHANTABILITY; (B) ANY AND ALL WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT TRIVIAVIP KNEW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (C) ANY AND ALL WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. FURTHER, TRIVIAVIP NEITHER REPRESENTS NOR WARRANTS THAT IT OR ANY CONTENT AVAILABLE ON TRIVIAVIP OPERATES WITHOUT INTERRUPTION OR ERROR. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO WARRANTIES. THIS DISCLAIMER AND EXCLUSION WILL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAIL OF THEIR ESSENTIAL PURPOSE.
Limitation of Liability
IN NO EVENT WILL TRIVIAVIP BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF REVENUE, LOSS OF PROFITS, OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH TRIVIAVIP, ANY CONTENT AVAILABLE ON TRIVIAVIP OR ANY EMAIL SENT FROM US, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF TRIVIAVIP HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH TRIVIAVIP, ANY CONTENT AVAILABLE ON TRIVIAVIP OR ANY EMAIL SENT FROM US EXCEED THE LOWER OF $100 OR THE AGGREGATE OF THE NET AMOUNTS RECEIVED BY US FROM YOU, IF ANY, FOR SOLELY YOUR ACCESS TO OR USE OF TRIVIAVIP. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnification and Release
TriviaVIP reserves the right, in its sole discretion, to terminate your account and your access to TriviaVIP, or any portion thereof, and to remove or block access to any user or any user Content at any time without notice for any reason (including, but not limited to, unacceptable Content or for any violation of this Agreement) or for no reason.
Consent to Disclose Information
You acknowledge, consent and agree that TriviaVIP may access, preserve and disclose your account information (including your name and contact information) and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary or appropriate to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of TriviaVIP, its users and the public.
Governing Law and Jurisdiction
To the maximum extent permitted by law, this Agreementis governed by the laws of the state of New York and the United States of America. Use of TriviaVIP is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement including, but not limited to, this paragraph.
For any claim (excluding claims for injunctive or other equitable relief) under this Agreement, either party may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
The performance of TriviaVIP per this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of the right to comply by TriviaVIP with governmental, court and law enforcement requests or requirements relating to your use of information provided to or gathered by TriviaVIP with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and TriviaVIP with respect to TriviaVIP and this Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and TriviaVIP.
A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Notices and Procedure for Making Claims of Copyright Infringement
If you believe that anything on TriviaVIP infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement: DMCA Agent
Address of Designated Agent to Which Notification should be Sent:
304 S. Jones Blvd, #3355
Las Vegas, NV 89107
Telephone Number of Designated Agent: (775) 285-7211
E-Mail Address of Designated Agent: notices@triviaVIP.com
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online TriviaVIP are covered by a single notification, a representative list of such works at that TriviaVIP;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
TriviaVIP may give notice of a claim of copyright infringement to its users by means of a general notice on TriviaVIP, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, TriviaVIP has adopted a policy of terminating, in appropriate circumstances and at the sole discretion of TriviaVIP, account holders who are deemed to be repeat infringers. TriviaVIP may also at its sole discretion limit access to TriviaVIP and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Updated: November 30, 2017