Terms of service

Welcome to Trivia.Life!

Your use of the Trivia.Life service (the “Service”) is governed by this legal agreement (the “Terms”). The Service is provided by Trivia.Life, Inc. located in Draper, Utah.

By using the Service, you are agreeing to these Terms. Please read them carefully.

About these Terms

These Terms of Service (“Terms”) apply to the use of all Services provided by Trivia.Life, including games developed and/or published by Trivia.Life, Trivia.Life’s aforementioned games’ webpages, Trivia.Life Publishing Portal, Trivia.Life Developer Center and other Services, such as applications or any social functions of the aforementioned Services or any other Services Trivia.Life has attached these Terms to (“Services”). These Terms govern the relationship between you (“You” or “user”) and Trivia.Life regarding the use of the Services. By downloading, installing, accessing or using any part of the Services you agree to these Terms and accept to be bound by them. These Terms affect your legal rights and obligations, so if you do not agree to the Terms, you may not use our Services.

By using Our Services, you agree to these Terms, our Guidelines, and our Privacy Policy. If you are the parent or legal guardian of a child under the age of 13, you are agreeing to these Terms on behalf of yourself and your child(ren) who are authorized to use the Services pursuant to these Terms and in our Privacy Policy. If you do not agree to these Terms, our Guidelines, and our Privacy Policy, do not use the Services.

Please note that the Terms of Service may change from time to time. We will post notice of modifications on our website. In the case of substantial changes, we may, at our sole discretion, provide a prominent notice, e.g., using a dialog in the Trivia.Life app, or by sending you an email with the updated Terms. You understand and agree that if you use the Service after the date on which the Terms have changed, Trivia.Life will treat your use of the Service as acceptance of the updated Terms.

Certain components of the Service provided by Trivia.Life may require separate Software or other license agreements or Terms of Use. You must read, accept, and agree to be bound by any such separate agreements as a condition of using these particular components or features of the Service.

If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

These Terms control the relationship between you and Trivia.Life. They don’t create any third-party beneficiary rights.

Upon any termination of the Service under Section “Modifying and Terminating our Service”, these Terms will also terminate, but Sections “Exclusion of Warranties”, “Limitation of Liability”, “Indemnity”, and “About these Terms” shall continue to be effective after these Terms are terminated.

This is the entire agreement between you and Trivia.Life with respect to the Service and it supersedes and replaces any prior representations, discussions, undertakings, communications or advertising relating to the Service. If any part of this agreement is found invalid or unenforceable, the remaining portions will remain in full force and effect, and enforceable term will be substituted reflecting our intent as closely as possible. This agreement will be governed by and construed in accordance with the substantive laws in force in the State of Utah; however, Trivia.Life may file legal actions in the domicile of the User.

Using our Service

You must follow any policies made available to you within the Service. You agree to use the Service only for purposes as permitted by these Terms.

Who may use the service

You may use the Service if you are 13 years of age or older, capable of forming a binding contract, are not barred from using Service under applicable law or have parental consent as outlined above. If you want to use certain features of this Service you will have to create an Account and pay a fee. This fee (paid to Trivia.Life) is currently $10.00.

You agree that you are responsible for your own conduct and user content while using the Services and for any consequences thereof. By way of example, not as a limitation, you agree that when using the Services, and content, you will not defame, abuse, harass, harm, stop, threaten or otherwise violate the legal rights, including the rights of privacy and publicity of others: upload, post, email, transmit or otherwise make available any unlawful, inappropriate, defamatory, obscene, pornographic, vulgar, offensive, fraudulent, false, misleading, or deceptive content or message; promote or engage in discrimination, bigotry, racism, hatred or harassment against any individual or group; trespass or in any or gain access to any property or location where you do not have a right to be: violate or encourage any conduct that would violate any applicable law or regulation or would give rise to civil liability; upload, post or otherwise make available commercial messages or advertisements, pyramid schemes or other disruptive notices; impersonate or misrepresent to your affiliation with another person or entity; promote or provide instruction information about illegal or harmful activity or substances; promote or engage in physical harm, violence, or injury against any group or individual; transmit any viruses, worms, defects, Trojan horses or any items of destructive nature; submit fake, falsified, misleading or inappropriate data submissions, edits or removal; post, upload, publish submit any content that infringes, misappropriates or violates a third-party patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights or rights of publicity or privacy; use, display, mirror, or frame the Services or individual element within the service, Trivia.Life trademark, logo or other proprietary information or the layout and design of any page or form contained on any page, without Trivia.Life’s express written consent; access, tamper with, or use nonpublic areas of the Services, Trivia.Life computer systems, or the technical delivery systems of Trivia.Life providers:

You are solely responsible for the security and confidentiality of your password. You are also responsible for all activities or actions exercised by your Account, and you should immediately notify Trivia.Life if you learn of any unauthorized use of your Account. Please note that we may delete Accounts (and all associated Content) that haven’t been used for an extended period of time.

Using our Service does not give you any legal right, title, or interest in our Service or the Content you access. You may not assign (or grant a sub-license of) your rights to use the Service, or otherwise transfer any part of your rights to use the Service. The Service, including the software used to implement the Service, as well as the software provided to you as a part of the Service (the “Software”) are protected by copyright, trademark, applicable intellectual property, and other laws. These Terms do not grant you the right to use any trademarks, branding, or logos used in our Service. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these Terms.

Misuse of Service

You agree not to engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service). Also, you agree not to access the Service using a method other than the interface and instructions we provide. For example, you may not: a) reverse engineer, decompile or otherwise attempt to extract the source code of the software used to access the Service or protocols used in the Service, unless this is required by law; b) attempt to disable or circumvent any security mechanisms used by the Service; c) probe, scan, or test the vulnerability of any system or network; d) breach or otherwise circumvent any security or authentication measures; e) access, tamper with, or use non-public areas of the Service; f) interfere with or disrupt any user, host, or network, for example by overloading, flooding, spamming, or mail-bombing any part of the Service; g) plant malware or otherwise use the Service to distribute malware; h) access or search the Service by any means other than our publicly supported interfaces (for example, “scraping”). If your use of the Service or other behavior intentionally or unintentionally threatens our ability to provide the Service, we will take any reasonable steps to protect the Service, which may include suspension of your access to the Service.

We may provide you with notices regarding the Service, including changes to the Terms, by email, regular mail, or postings on the website, app and/or other means.

Your Content on the Service

All information to which you may have access as part of, or through your use of, the Service are the sole responsibility of the person from which such Content originated. All such information is referred to as the “Content.”

You agree that you will not use the Service to upload, transmit, store, or otherwise make available any unlawful Content; engage in any copyright infringement or other intellectual copyright infringement; upload, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware; and/or plan or engage in any illegal activity.

Trivia.Life does not claim ownership or any intellectual property rights to any Content of its users. We do, however, need certain limited rights in order to operate the Service: you grant Trivia.Life (and those we work with Trivia.Life) a worldwide, non-exclusive license to use, host, store, reproduce, modify, create derivative works, communicate, and distribute such Content, without any compensation or obligation to you. The rights you grant in this license are for the limited purpose of operating and improving our Service, and to develop new Services. Make sure you have the necessary rights to grant us this license for any Content that you submit to our Service including pictures. We may remove any Content from our Service at our discretion.

User Generated Content (USG)

Generally, you will be given an opportunity to provide to Trivia.Life UGC. Ownership and License to UGC for any UGC that you have ever provided to Trivia.Life or that you will provide to us (whether created solely by you or together with others), (a) between you and us, you retain copyright that you may hold in the UGC and (b) in consideration of using the service and the potential you grant Trivia.Life a perpetual, irrevocable, worldwide, non-exclusive, royalty-free right and license (with the right to sublicense to any person or entity whether a user of the service or not) to host, store, transfer, display, perform, reproduce, modify, create derivative works of, distribute and to use in any way, the UGC that you provide, in whole or in part, including modifications and derivative works, in any media or formats (tangible or intangible) and through any media, items or channels (online, offline, or others now know or hereafter developed), including for the production and sale of content and tangible products that depict or embody your UGC. Trivia.Life shall not be obligated to you any compensation or other payments for any reasons, including for exploitation of the license discussed immediately above whether in relations to service or otherwise nor is Trivia.Life obligated to exploit this license. BY ACCEPTING THESE TERMS AND CONTINUEING TO USE THIS SERVICE, YOU AGREE THAT THIS LICENSE APPLIES TO ANY UGC YOU PROVIDED TO US AT ANY TIME (FROM YOUR FIRST USE OF THIS SERVICE, WHICH MAY PREDATE YOUR ACCEPTANCE OF THIS VERSION OF THE TERMS).

UGC Representations and Warranties

You are solely responsible for your UGC and you represent, and warrant that:

  1. You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions, to use and to authorize us to exploit the license that you grant to us hereunder; and
  2. Your UGC, and the use of UGC as contemplated by these terms, does not and will not:
    1. infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
    2. slander, defame, libel, or invade the right privacy, publicity or other property rights of any other person; or
    3. cause Trivia.Life to violate and law or regulation.
    4. UGC Disclaimer. We are under no obligation to edit or control UGC that you or others provide, and will not be in any way responsible or liable for UGC. Trivia.Life may, however, at any time and without prior notice, screen, remove, edits, or block any UGC that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the service, you will be exposed to UGC from a variety of sources and acknowledge that UGC may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Trivia.Life with respect to UGC. If notified by a user or content owner that UGC allegedly does not conform to these terms, we may investigate the allegation and determine in our sole discretion whether to remove the UGC, which we reserve the right to do at any time without notice. For clarity, Trivia.Life does not permit copyright-infringing activities on the service. Please alert us of any inappropriate UGC or other materials you find on the service.

You are solely responsible for securing and backing up your Content. Trivia.Life shall use reasonable skill and due care in providing the Service, but has no responsibility or liability for the deletion, corruption, or failure to store any Content maintained or transmitted through your use of the Service.

Digital Millennium Copyright Act.

We respect the intellectual property rights of others and we ask you to do the same. If you are a copyright owner or an agent of a copyright owner and believe that any content on Trivia.Life infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA”) by contacting our copyright Agent at Trivialifegame@gmail.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. You must provide the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
  2. A description of the copyright-protected work or other intellectual property right that you claim has been infringed;
  3. A description of the material that you claim is infringing and where it is located;
  4. Your address, telephone number, and email address;
  5. A state by you that you have a good faith belief that the use of those materials is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Regarding any content that was removed or disabled, if you believe that your content is not infringing or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice to the original complaining party informing that party that we may, in 10 business days, replace the removed content or stop disabling it. Unless the copyright owner files an action seeking a court order against the provider of the content, the removed content may be replaced or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, in our sole discretion.

Safe Play

During game play, please be aware of your surroundings and play safely. You agree that your use of the App and play of the game is at your own risk, and it is your responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as you deem reasonably necessary for any injuries that you may incur while using the Services. You also agree not to use the App to violate any applicable law, rule, or regulation (including but not limited to the law of trespass), and you agree not to encourage or enable any other individual to violate any applicable law, rule, or regulation. Without limited the foregoing, you agree that in conjunction with your use of the App you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, will not impersonate any other person or misrepresent your affiliation, title, or authority, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind.

Privacy Policy

Trivia.Life takes your privacy very serious. We share your personal information only in a few rare occasions explained in our Privacy Policy. By using the Service, you agree to the collection and use of information about you and your use of the Service in accordance with our Privacy Policy (privacy policy link).

About Software in our Service

The Software which you use may from time to time automatically download and install updates from Trivia.Life. These updates are designed to improve, enhance and further develop the Service and may take the form of bug fixes, enhanced functions, or entirely new versions of the Software. You agree that Trivia.Life may automatically deliver such updates to you as part of your use of the Service and you shall receive and install them as required.

Trivia.Life gives you a personal, non-assignable, non-exclusive, limited license to use the Software provided to you by Trivia.Life as part of the Service. The license is for the sole purpose of enabling you to use our Service in the manner permitted in these Terms. You may not (or permit anyone else to) copy, modify, rent, loan, distribute, sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in any part of the Service or Software, nor may you reverse engineer, decompile, or otherwise attempt to extract the source code of the Software, unless expressly permitted or required by law.

Modifying and Terminating Service

We are constantly modifying and improving our Service. At times, we may add or remove features or functionalities, and we may temporarily suspend or discontinue the Service altogether. We may, at any time, change or impose fees for your access and use of the Service.

You can stop using the Service at any time. Trivia.Life may also stop providing the Service to you at any time with or without cause, and with or without notice. For example, we may immediately suspend or terminate your use if you are not complying with these Terms, or use the Service in any way that would cause us legal liability or disrupt others’ use of the Service.

If we suspend or terminate the Service or your Account, we will try to give you reasonable advance notice and a chance to get information out of that Service. After a period of time, however, Trivia.Life may permanently delete the Content that is associated with your Account.

Exclusion of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”.

TRIVIA.LIFE MAKES NO EXPRESS WARRANTIES AND DISCLAIMS ALL IMPLIED WARRANTIES REGARDING THE SERVICE INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TRIVIA.LIFE DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR. FROM ERROR.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TRIVIA.LIFE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.

THE LIMITATIONS ON TRIVIA.LIFE’S LIABILITY TO YOU IN THE PARAGRAPH ABOVE SHALL APPLY WHETHER OR NOT TRIVIA.LIFE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

Indemnity

You agree to hold harmless and indemnify Trivia.Life and its affiliates, employees, or partners from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Service, (c) your violation of applicable laws, rules or regulations in connection with the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Trivia.Life will provide you with written notice of such claim, suit or action.