This T&C agreement sets forth the legally binding terms of service and conditions for use ("Terms and
Conditions") of the Company Services including the WEBSITE (collectively the "Site"). These T&C apply to the
services offered by Company, all pages and other areas of the
Site, operating under the domain www.trivzilla.com, including if accessed through a mobile device or
other applications that Company may develop or use, including applications designed to be used on smartphones,
tablets, hand-held devices, and other devices (collectively the "Services"). By using the Services in any manner
you ("you", "user" or "player") agree to be bound by these T&C. If you do not agree to these T&C,
do not use the Services.
Company's Services are offered subject to acceptance of all T&C, the Privacy Policy, Official
Rules of Play and all other policies and procedures that may be published on the Site which are
incorporated by this reference and may be updated at any time without notice. These T&C apply to every
user of the Site. In addition, some services may be subject to additional T&C adopted by
Company. Your use of Services provided by Company is subject to those additional terms and conditions, which
are incorporated into these T&C by this reference. By using the Site, you consent to be bound by all
the T&C. You further signify agreement to these T&C by participation in Company Services and submission
of a deposit into your Cash-Account.
Company reserves the right, at its sole discretion, to modify or replace these T&C by posting the updates on the Site. If Company deems a change to be material a change notice must be shown by an alert at the T&C link prominently displayed on the Site. It is your responsibility to review changes to the T&C. Your continued use of WEBSITE following the posting of any changes to the T&C constitutes acceptance of those changes. If you do not agree to the changes to these T&C, your only remedy is to stop accessing and using the Site and terminate your User-Account. Company reserves the right to change, suspend, transfer, or discontinue WEBSITE at any time for any reason; however, Company promises to pay to players that are in the process of playing a game, an amount equivalent to the amount they would have received if they had quit playing by their choice.
In order to participate in games, you must establish a registered user account (hereinafter "User-Account) with
Company. The Company Site is available only to individuals who are at least 18 years old and at least the legal age
in their jurisdiction. You promise that (1) you are at least 18 years old or other applicable age if the age
of majority in your location is higher than 18, and (2) you can legally form a binding contract, and (3) all
registration information you submit is true, full and accurate. Company reserves the right to seek proof of
age and identity from you at any time. You agree that your User-Account may be suspended until satisfactory proof of
age and identity is provided. Company may refuse to offer its Services to any person or entity and change its
eligibility criteria at any time. You may view content on the Site without registering, but as a condition of
using certain aspects of the Service, you will be required to register with Company and provide your email address
("User ID") and password. You must not use as a User ID any name or term that: (A) is the User ID of
another person, with the intent to impersonate that person; (B) is subject to any rights of another person,
without appropriate authorization; or (C) is offensive, vulgar, or obscene. Company reserves the right to
refuse registration of or cancel, a User ID or name that Company believes violates these T&C.
You are solely responsible for activity that occurs on your User-Account and must be responsible for maintaining
the confidentiality of your password for your User-Account. You must never use another user's User-Account.
You must immediately notify Company in writing (email is acceptable) of any unauthorized use of your
User-Account, or other known User-Account-related security breach. Such notification will not render Company
responsible for any unauthorized use, whether occurring before or after such notification.
The term 'normal operation' must be defined as the function of computer software as intended by Company. The term 'Cheating' must be defined as the intentional circumvention or modification of the normal operation of a game's software and purpose, for the purpose of affecting the outcome of a game.
If it can be shown that a person has attempted to win or has assisted another person in an
attempt to win a Company sponsered game by cheating, or has been assisted by another person
in an attempt to win a Company sponsered game by cheating, said person (hereinafter "CHEATER")
must be prohibited from playing in any game sponsored by Company.
CHEATER must forfeit all prizes awarded to him/her that were given by Company as a result of
CHEATER playing a game or assisting another player to win a game sponsered by Company.
If a player is suspected of cheating based on their faster-than-normal response time, they will be
required to demonstrate, in person and using Company supplied equipment, that their super-human
capabilities are indeed natural and
normal for them and not the result of the use of non-Company software, modified or malfunctioning
hardware, or drug-related ability enhancement. The place and time of the demonstration must
be determined by representatives of Company.
All expenses incurred by said player as a result of complying with this section of these terms must
be reimbursed to player by Company, if and only if Company determines that said player has not used
inappropriate methods of playing/winning Company sponsored games. If a player refuses to be tested
as described herein, they must be banned from participating in future games and must relinquish
all rights to previously gained or promised awards from Company.
Furthermore, CHEATER must pay Company for all damages and expenses incurred or projected
that directly or indirectly result from said cheating, including, but not limited to, all
costs of research and programming required in order to help prevent similar cheating by CHEATER
or others.
Said cheating must be considered theft or attempted theft and prosecuted as such. CHEATER will be
prosecuted in accordance with all applicable state and Federal laws.
Looking up an answer online or in an ordinary publication such as a dictionary, encyclopedia,
magazine, etc., or receiving assistance from a non-cheating individual within the time alloted
to answer a question, must NOT be considered cheating.
The T&C and all other obligations and rules detailed in writing in WEBSITE are by and between Company and everyone who uses WEBSITE (hereinafter "you," "user," or "player"). By creating an account, and/or participating in any WEBSITE offered by Company, you accept and agree to be bound by all terms, conditions and notices contained or referenced in said WEBSITE, including the most current version of the T&C. Company may modify the T&C at any time. Your continued use of WEBSITE following such modifications signifies your acceptance of those modifications. You are responsible for reviewing the Terms and Conditions periodically in order to stay aware of such modifications. Company must post a notification or issue an email notice to Company User-Account owners when said modifications occur.
As a condition of entering any WEBSITE, each WEBSITE user agrees that: (A) any and all disputes, claims, controversies or causes of action arising out of or relating to any game, or any cash awards (each, a "Claim"), must be (1) arbitrated on an individual basis and must not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party, and (2) settled by binding arbitration in Motley County, Texas before a single arbitrator appointed by the American Arbitration Association in accordance with its then governing rules and procedures, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof; and (B) under no circumstance will WEBSITE user be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses. These T&C must be governed by and construed and interpreted in accordance with the laws of the State of Texas, U.S.A, applicable to contracts entered into and performed in that State.
These T&C, the WEBSITE Policies constitute the entire agreement between you and Company pertaining to your participation in and with Company and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of the WEBSITE Policies must be deemed or must constitute a waiver of any other provisions (whether or not similar), nor must any waiver constitute a continuing waiver unless otherwise expressly provided. The WEBSITE Policies cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with Company except as explicitly provided for in WEBSITE Policies. Nothing in this subsection will prevent Company from modifying the terms of these T&C and posting such modifications in WEBSITE.
If any portion of the T&C is deemed void or unenforceable, then that provision must be deemed severable from the T&C and must not affect the validity and enforceability of the remaining provisions.
Company reserves the right to change, modify, update, discontinue, remove, revise, delete or otherwise change any portion of WEBSITE or these T&C, in whole or in part, at any time without further notice. For changes to these T&C that we deem material, we will place a notice on the WEBSITE website by revising the link on the homepage to read substantially as "Updated Terms and Conditions" for an amount of time that we determine in our discretion. If you access or use WEBSITE in any way after the T&C have been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of these Terms and Conditions will be available on WEBSITE and will supersede all previous versions of these T&C.
You must be 18 years of age or older in order to register and participate in any game offered on WEBSITE. You must supply a valid e-mail address that belongs to you, on your Registration form. You must be a legal resident of the United States with a U.S. address where you are currently residing. You must be physically located in a U.S. state in which participation in online games that pay cash is legal. You affirm that all information you supply to Company is complete, accurate and current. If you have lied on the Registration form or do not keep the information you give Company current, accurate and complete, it could result in the termination of your account and forfeiture of any awards given to you by Company. If Company requests an update of your information, you agree to provide such information in a timely manner. Participation in WEBSITE games by any of the following persons is strictly forbidden: (a) employees, officers, and directors of Company, (b) any member of the families of employees, officers, and directors, including immediate family members (spouse, parent, child, sibling and their respective spouses) regardless of where they reside, and members of the same household, whether or not related; (c) any person with access to non-public information regarding the operation of any WEBSITE or game offered by Company; (d) anyone under the age of 18, or higher age of majority in such individual's jurisdiction.
You are solely responsible for complying with the laws of the city, state, and country in which you access and use WEBSITE. Access to WEBSITE may not be legal for residents in certain areas of the U.S. and in certain countries. Company must not be held liable if laws applicable to you prohibit your use of WEBSITE. Company must have the right to check the location from which you access WEBSITE and to block your access from any jurisdiction in which participation or access may be illegal or restricted. Company may block access to players using proxy servers or any other method which is intentionally used in order to conceal a player's location. Company may block players if Company is unable to accurately verify their location. Company may require any participant receiving any prize to provide Company with proof that he/she is eligible to participate according to the T&C. If we monitor your access or participation with WEBSITE, we must not be liable for the accuracy of the results of such monitoring. By accessing, or using any materials in WEBSITE, creating a User-Account and/or participating in any game or service offered by or through WEBSITE, you represent and warrant that you are doing so in compliance with the T&C and agree to hold harmless Company from any liability, claims, and damages (including attorney's fees) arising out of or related to your violation of these T&C. Legislation governing sweepstakes, contests, and games with entry fees and/or prizes, is enacted by each state. Based on laws in place for all the states, Company DOES NOT offer games requiring a cash entry fee to users accessing WEBSITE from the following states: Arkansas, Connecticut, Delaware, Illinois, Louisiana, Maryland, Montana, South Carolina, South Dakota and Tennessee. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open a User-Account and/or participate in any game in WEBSITE while located in a prohibited jurisdiction, you may be in violation of the law of such jurisdiction and will be in violation of the T&C herein and subject to having your User-Account suspended or terminated. In addition, and without limiting any rights or remedies available to Company, in the event of any violation of the T&C, all winnings (if any) may be voided, and in the event such winnings have already been withdrawn by you, recouped by Company, at Company's discretion and your expense.
Company must send an IRS Form 1099-MISC or other appropriate form to any person who wins in excess of
$600 (USD) on WEBSITE in any given year. Depending on the jurisdiction in which you reside, Company
may also send you a W-9 and/or additional tax forms. We reserve the right to withhold from your
Cash-Account and Special-Account any amount required to be withheld by law. But, you remain solely responsible
for complying with all federal and other tax requirements in completing such forms and for paying all
federal, state, and local taxes in accordance with applicable laws. Company must inform you of all
monies withheld from your account(s) for tax purposes.
If your total winnings in WEBSITE in any given year reach $600 or more, Company will request your Social
Security number in order to send you appropriate tax form(s), as required by Internal Revenue Service and
other government tax regulations. Failure to provide your social security number at that time, or failure to
complete any other tax documentation may result in tax withholding and/or Company's inability to pay you for
any winnings in excess of $600.
You understand that while participating in games in WEBSITE, you may compete against players using different types of devices/equipment. Although Company has taken steps to reduce or eliminate the consequences of these differences, it is possible that some slight differences in performance could affect the outcome of a game. Company must not be liable for damage that occurs or issues arising out of such differences.
By registering for a User-Account and/or participating in any game offered on WEBSITE, you acknowledge that all information contained in WEBSITE may be protected by one or more valid copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that all such rights are owned by Company. Company neither warrants nor represents that your use of materials displayed in WEBSITE will not infringe on rights of third parties. Company assumes no liability or responsibility for any errors or omissions in the content of WEBSITE. The trademarks, logos, and service marks (collectively the "Trademarks") displayed in WEBSITE, are registered and unregistered Trademarks of Company's and/or others. Nothing contained in WEBSITE should be construed as granting any license or right to use any Trademark displayed on the Site without the written permission of Company or such third party that owns the Trademark. Your use or misuse of any Trademark displayed in WEBSITE, except as provided in the T&C, is strictly prohibited.
The WEBSITE and Services are provided only for your personal, non-commercial use. You are responsible for
all of your activity in connection with Company including the acts of any third party which violates the
T&C.
You must not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise
attempt to derive any source code or underlying ideas or algorithms of any part of WEBSITE except to the extent
applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise
create derivative works of any part of WEBSITE; or (iii) copy, rent, lease, distribute, or otherwise
transfer any of the rights that you receive hereunder. You must abide by all applicable local, state,
national, and international laws and regulations.
You agree to not abuse any other user's personal information. Abuse must be defined as using personal
information for any purposes other than those explicitly provided by Company, or is not related to
fulfilling delivery of a product or service explicitly specified by Company.
You may establish only one User-Account per person and only one User-Account per device or IP or physical address, to participate in the activities offered on WEBSITE. Multiple Accounts may not be created sharing the same name, or email address. Company reserves the right to monitor all activities on WEBSITE, including any effort to establish multiple Accounts. In the event Company discovers that you have violated the number of Accounts allowed, all additional Accounts will be closed without notice and continued violation may result in the termination of any and all of your Accounts and Company may void any associated winnings to any or all of the associated Cash-Account(s). Company further reserves the right to deny access to anyone, including, but not limited to, those players who use proxy servers and/or IP addresses residing in geographical areas where the use of WEBSITE or the game(s) available on WEBSITE are prohibited by law.
Fraud and abuse relating to the access and use of WEBSITE is strictly prohibited. In accessing WEBSITE or participating in any activities, products or services offered by or through Company, you represent and warrant that: (a) all information you supply is complete and accurate and not in violation of any applicable laws, regulations or these T&C; and (b) you will not circumvent or attempt to circumvent any provision of the T&C or engage in any activity that interrupts or attempts to interrupt the operation of WEBSITE. Users engaging, participating or displaying behavior that may be interpreted, in Company's sole and absolute discretion, as the use of unfair methods in WEBSITE, including but not limited to: (i) the opening and/or use of unauthorized multiple Accounts; (ii) the use of unauthorized or altered software or hardware to assist play (including the use of bots, bot nets, collusion with bots and/or use of cheat programs such as debuggers, clock-skewing software and memory scanners); (iii) collusion with other players; (iv) the transfer of money between Accounts; (v) harassment of other users; (vi) any breach of the T&C; (vii) any breach of the security of your User-Account or WEBSITE; or (viii) any other act (whether through the use of automated technology or otherwise) that unfairly alters your chance of winning or constitutes the commission of fraud (collectively, "Abuse") may subject you to immediate consequences (as determined by Company in its sole and absolute discretion), including without limitation: (1) immediate termination of your User-Account and blocking of WEBSITE access; (2) forfeiture of any prizes, winnings and any other representative of value (if any) that you may otherwise have been entitled to receive; (3) disgorgement and/or recoupment of any prizes, winnings and representative of value already received by you; and (4) in the case of suspected illegal activity, disclosure to the FBI or other relevant agencies in accordance with federal and state laws. In the investigation of an alleged Abuse, Company may request additional information from you. You agree to provide all reasonable and relevant information as requested by Company. Without limiting any provision of the T&C, Company expressly reserves the right to institute or seek any injunctive relief, civil and/or criminal proceedings against you and/or any of your co-conspirators arising out of or related to your commission of Abuse, including the right to recover fees and expenses (including attorneys' fees) and the right to report you and such Abuse to any and all relevant regulatory authorities or governmental agencies.
Company notifies winners of cash awards via the email registered with their User-Account. If we do not receive a response to our notification email within thirty (30) days of the email date, your prize award is voided. Winners of the most recent five games are listed on the app. We may also post the first names of winners on Facebook and Twitter pages within 24 hours of the results being known. Checks issued for cash awards, but not cashed within ninty (90) days from the date of issuance will become void, and your right to the prize award is voided. If you do not respond to the notification email, or your User-Account is closed by Company for a violation of the T&C, your winnings will be voided and not returned to you. In such an event, Company must return voided winnings to the general funding of administrative costs, enforcement of the T&C, and future winnings..
An individual player's lifetime winnings is limited to a total of no more than one million two hundred thousand U.S. dollars ($1,200,000).
An inactive User-Account is any User-Account in which the user has not logged in or played any games in one year, or such shorter time period as Company may announce in advance from time to time by sending written notice (emails) to players using the email address associated with their User-Accounts. Company reserves the right to deactivate any inactive User-Account. If your User-Account is scheduled for deactivation, you may be contacted by Company to encourage you to revisit WEBSITE. If you visit WEBSITE after your User-Account is deactivated, you will be required to open a new User-Account in order to play games.
You may cancel your User-Account by contacting Company at: support@trivzilla.com. Your User-Account is not considered cancelled until you have received confirmation of such cancellation from Company. If you do not agree to the terms of the WEBSITE Policies, your sole remedy is to not use WEBSITE and to cancel your User-Account. Once your User-Account is cancelled, if you wish to play a game in the future, you will be required to open a new User-Account.
Company is not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party in connection with WEBSITE. If you wish to dispute a charge to your credit card, you must do so with PayPal. Company does not maintain your credit card information nor do we directly handle credit transactions.
By registering for a User-Account and/or participating in any game offered in WEBSITE, you agree that Company is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of WEBSITE or your User-Account. You are responsible for the safekeepping of your user-Id and password. If you give someone access to your User-Account and they conduct a transaction without your knowledge or permission, you are responsible for any results of that access. Such transactions are not considered to be unauthorized by Company. Any attempt to gain unauthorized access to WEBSITE's systems or any User-Account, interfere with procedures or performance of WEBSITE, or deliberately causing damage to or undermining WEBSITE, may subject you to civil and/or criminal prosecution and may result in immediate termination of your User-Account and forfeiture of any prizes awarded as a result of unauthorized/illegal activity..
You are solely responsible for all obligations relating to your User-Account and for compliance with these T&C. You are entitled to all benefits accruing to you as a result of being the User-Account holder. You may not allow any other person to access your User-Account, access WEBSITE, accept any winnings, or participate in any Tournament using your User-Account. Your User-Account is not transferable. By registering and/or participating in any games offered in WEBSITE, you agree to indemnify, defend, and hold Company harmless in regard to any claims, liability, damages, and/or costs (including attorneys' fees) arising from any use of your User-Account by any person.
Company does not guarantee that WEBSITE or access to your User-Account will be available at all times and/or in all geographic locations. Company is not liable for any loss which may be caused by your inability to access WEBSITE or your User-Account for reasons not controlled by Company.
By participating in a WEBSITE game and submitting an entry, each entrant agrees to: (i) be bound by the
Official Rules of Play, these T&C, the Privacy Policy and other Site mandates, including all entry
requirements, and (ii) waive any and all claims against Company officers, directors, employees, agents,
and advertising and promotion agencies (collectively, "Released Parties") for any injury, damage or loss that
may occur, directly or indirectly, in whole or in part, from the participation in a WEBSITE game. By
entering any game, each entrant gives his/her express permission to be contacted by Company by telephone,
e-mail, text message, and/or postal mail for game purposes.
You agree that Company must be held harmless for all damages suffered by you due to any kind of Internet
related problem or error that causes your game related information or email to be received in an untimely
manner or in a state other than its original transmitted state, unless said problem can be directly
attributed to negligence or purposeful malicious action on the part of Company.
You agree that Company is not responsible for injury or damage to your or to any other person's computer or other
device, related to or resulting from your participation in a WEBSITE based game.
Company reserves the right, in its sole discretion, to cancel or suspend any game due to a virus, software bugs,
unauthorized human intervention, or other causes that may corrupt administration, security, fairness, game
integrity, or proper operation of any part of a game or our website. In the event of cancellation or suspension,
Company must make every reasonable effort to restore the state of the website to its state before the
cancellation or suspension. It is inevitable that some games cannot be restored to their pre-cancellation
pre-suspension state in which case the players of such games must be given another game to play on the same
level of play as the pre-cancellation pre-suspension games.
Any attempt to deliberately damage any website or servers associated with our website or undermine the content or
legitimate operation of any Company website may be a violation of criminal and civil laws and should an attempt be
made, Company will disqualify any such website user, and Company and/or its agents reserve the right to seek
damages, including attorney's fees and other remedies, from any person or persons responsible for said attempt,
to the fullest extent permitted by law. Website users generating Answers by using a script, macro or other
mechanical or automated means will be disqualified.
Company reserves the right to cancel a purchase at any time and for any reason. If your purchase is cancelled,
you must be refunded the balance in your Cash-Account minus any applicable processing fees. Because of occasional
failures of payments from Funders,
Company cannot guarantee the receipt of the amount paid, minus fees. Company is not responsible for the performance
of PayPal or other pay-service affiliates. When you use a service that has a fee you have an opportunity to review
and accept the fees that you will be charged. In addition to any representations made in conjunction with that
authorization, you also agree to provide correct payment information at the time of purchase of Company credits
to your Cash-Account and to honor the promise to pay that amount. The payment will be collected immediately.
Your Cash-Account will be debited for the corresponding game entry fee that will be established and made known to
participants wishing to participate in the game, in advance of such game. You agree to have sufficient funds or
credit available to ensure that the money paid will be collectible. If you have insufficient funds or your payment
is declined, you will not be allowed to commence the game. Changes to fees are effective after Company provides
you with notice by posting the changes on the Site. A minimum deposit amount may be required. Fees may vary
depending on region and other factors.
Upon request by you, all or part of your Cash-Account balance will be credited to your credit/debit card or PayPal account as is appropriate. If you have a Cash-based Account, you may request Company to send you a check in any amount up to the balance of your Cash-Account minus a dollar and 50 cents ($1.50) processing fee. YOU ARE RESPONSIBLE FOR PAYING ALL TRANSACTION FEES RELATING TO MONEY credited to your credit/debit or PayPal account(s). If you request a transfer of money from your Cash-Account, you will be required to confirm your identity and provide personal information. Said information may be entered directly into the WEBSITE database or sent to Company via email or regular mail. Failure to submit the identification required by Company within thirty (30) days, will cancel your request.
The content of this Web site as well as the underlying concepts, inventions, forms of expression, and software code are the exclusive property of Company. All Rights Reserved. All content included in or made available through Company, is the property of Company or its content suppliers, and protected by United States and international copyright laws.
The WEBSITE name, mark, stylized designs, and logo are the property of Company and may not be used for any purpose without Company's prior written consent. In addition, graphics, logos, page headers, button ons, scripts, and service names included in or made available through any Company Services are trademarks or trade dress of Company in the U.S. and other countries. Company's trademarks and trade dress may not be used in connection with any product or service that is not Company's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Company. All other trademarks not owned by Company that appear in any of Company's Services are the property of the respective owners, who may or may not be affiliated with, connected to, or sponsored by Company.
Company permits links to this Site, provided the link is made and used in an acceptable and non-misleading manner and that this Site is not framed by the linking Site. Company reserves the right to revoke permission to any site to link to this Site in Company's absolute discretion. Company will discontinue any links to any site which are found to promulgate, promote or encourage illegal activity, acts of hate or violence, or discrimination on the basis of race, religion, gender, sexual preference or age, or that contain content that is obscene or unsuitable to the general public.
Company is under no obligation to become involved in disputes between any Users, or between Users and any
third party arising in connection with the use of Company's Services. This includes, but is not limited to,
delivery of goods and services, and any other terms, conditions, warranties, or representations
associated with play or particular Funding Rounds on the Site.
If you are the owner of a copyright or the authorized agent of any copyright holder and you believe
that any content on WEBSITE, including any User Content, infringes upon your copyright, or if you believe
that any content on WEBSITE infringes any other intellectual property right, other than copyright or any
other right of yours, or in any other manner harms you, or if you have any other complaint regarding WEBSITE,
please notify Company so that your complaint can be reviewed. Complaints should be sent in writing to
support@trivzilla.com and should give the following details: Your full name and contact details, including
physical address and email, and, when available a fax number and telephone number. Full details of the complaint,
detailing: the rights claimed to have been infringed or the harm claimed to have been caused to you, a statement
that you own the rights claimed to have been infringed, or are the authorized agent of the owner; a detailed
statement identifying as fully as possible the allegedly infringing material and its location on this Site,
including by detailing its URL. Information reasonably sufficient to permit Company 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. Company will review all complaints promptly, but reserves the right to decide whether to
act on such complaints.
Since Company has no direct control over the many technological entities that essentially control the details of the Internet and its data routing equipment used to form the infrastructure of the Internet, Company cannot guarantee that WEBSITE will always be available to users. In addition, our servers (all Internet servers) are potentially vulnerable to attacks that cannot be predicted. There are also issues of maintenance which may require that our servers be taken offline for updates and repair. Company reserves the right to, at any time, for any reason, and without notice: (i) cancel, reject, interrupt, remove, or suspend a game or other WEBSITE activity; (ii) remove, edit, or modify any content, including, but not limited to, any user submission; and (iii) remove or block any user or user submission. Company reserves the right not to comment on the reasons for any of these actions. The Services are provided "as is" and "as available" and are without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. Use of WEBSITE is at the sole risk of the user. Company makes no guarantee that user will win anything of value from this WEBSITE. Company does guarantee that any money promised to a player as a result of player's honest participation in a sanctioned game on Company's WEBSITE and played in accordance with the posted "Official Rules of Play", will be paid as described in this T&C.
Be aware that if your connection to WEBSITE is lost or disrupted during a game in such a way as to prevent you from finishing the game, the game will be considered lost, you will be dropped to the next lower level of play, and any amount gained by winning the last game you played will be forfeited and subtracted from your Special-Account. In other words, the net result of the disconnect or disruption will be the same as answering the question incorrectly. Unfortunately, this must be the case since there will always be players that will see a difficult question and simply close their browser and claim that a faulty Internet connection caused them to lose the game. Sorry.
You agree that Company is not liable for errors or inaccuracies of the data used on WEBSITE and must be held harmless in regard to harm or injury to user or user's property of any kind or nature whatsoever that results directly or indirectly from your access to and/or use of WEBSITE.
Company, must not be liable to you for ANY damages whatsoever that result from (i) any malfunction of Company's servers; (ii) any interruption to your communication with WEBSITE; (iii) any virus, software bug, or other harmful program transmitted to, through, or from WEBSITE.
Company may transfer or copy the Site, in whole or in part, to any other domain and/or change the name of the Site. These T&C must continue to apply whether the Site is operated on this or another domain, and whether operated under the current name or any other name. Company may assign, transfer, license or sub-license its rights and any license received from you. The permissions and licenses granted to you hereunder are personal and may not be assigned by you to any third party without the prior written consent of Company.
As a condition of entering any game, you agree that (A) any and all disputes, claims, controversies or causes of action arising out of or relating to any game, or any funds awarded (each, a "Claim"), must be (1) arbitrated on an individual basis only, and must not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party, and (2) settled by binding arbitration in Motley County, Texas before a single arbitrator appointed by the American Arbitration Association in accordance with its then governing rules and procedures, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof; and (B) under no circumstance will you be permitted to obtain awards for, and you hereby waive all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses. These T&C must be governed by and construed and interpreted in accordance with the laws of the State of Texas, U.S.A, applicable to contracts entered into and performed exclusively in that State. You agree that Company and its Services are deemed a passive Web site that does not give rise to personal jurisdiction over Company or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of Texas. You agree that any action not permitted under the above arbitration clause, whether at law or in equity, arising out of or relating to these terms, or your use or non-use of the Services, must be filed only in the state or federal courts located in Motley County in the State of Texas and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
These T&C and other referenced, linked, or stated material referenced herein are the entire agreement between you and Company regarding the Site, Services, and game, and govern the future relationship. Any previous agreements, representations, communications, or undertaking (whether oral, written or electronic) between you and Company regarding the subject matter of the agreement are null and void. If any provision the T&C is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the T&C will otherwise remain in full force and effect and enforceable. The failure of Company to invoke or enforce any right provided for herein must not be deemed a waiver of any further rights hereunder.
Company must not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Company's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. If any portion of WEBSITE becomes impossible due to a change in the law, technological barriers, an act of God, war or terrorist act, you agree to release Company, its agents, its funders, or any of its participating sponsors from any claims. You further release Company, its agents, and all participating sponsors from any liability as a result of your participation herein. If it is determined that any portion of the WEBSITE may be a violation of any rule or regulation or is otherwise deemed unlawful, you hereby agree that the entire program may be cancelled and you will have no recourse against Company, its agents, its funders, or any of its participating sponsors.
In any action or proceeding to enforce rights under the T&C, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under the T&C will be in writing and will be deemed to have been duly given when transmitted via email or when posted on the Site. By using Company's Services, you consent to receive from Company all communications including notices, agreements, legally required disclosures, or other information in connection with the Services electronically. Company may provide the electronic contract notices by posting them on the Site. If you desire to withdraw your consent to receive contract notices electronically, you must discontinue your use of Company Services. The headings to these T&C are intended for convenience only and must not be used for interpretation.
Company will appreciate any comments and/or suggestions (hereinafter "Feedback") you may have for improving our WEBSITE. You can submit Feedback to support@trivzilla.com. You grant to Company the right to exploit the Feedback for any purpose and in any way it deems useful to Company. That said, Company realizes that some suggestions could be of great value to Company and will give consideration to the possibility of compensation for you in exchange for your deserving suggestion(s).
Last Updated: May, 2021
© 2020,2021 Coeus Computing, LLC. All rights reserved