Online Sports Trivia Terms of Service

Online Sports Trivia TERMS OF SERVICE (“TOS”)

1. THE SERVICE

Online Sports Trivia services available on our proprietary web site are designed to provide you with a broad array of communication tools (the “Service”) which is offered subject to the terms and conditions of the TOS. Our web site capabilities or any other part of the Service may be modified or upgraded from time to time during the term of this agreement.

2. RISKS ASSOCIATED WITH USE

Use of the Online Sports Trivia service is at the user's sole risk. Neither Online Sports Trivia nor its service providers claim or warrant that the Online Sports Trivia service will be uninterrupted or error free; nor do they make any warranty as to the accuracy, completeness, usefulness or reliability of any information, messages, listings, advertisements, services or merchandise provided on our web site through the Online Sports Trivia service, or as to the results that may be obtained from use of the Online Sports Trivia service. Online Sports Trivia and our service providers make no representations concerning any effort to review the content provided on our web site and are not responsible for the accuracy or reliability of the information provided. The Service is designed to facilitate the entry and transmission of information among our organization and its users. Your successful use of the Service will depend upon the timeliness, clarity and accuracy of the information posted by our users and representatives and your accessing and understanding the information. We offer no representations or assurances that the communications will be timely or free of errors or omissions or that you will be able to realize the anticipated benefits from the use of the Service. Even though they are not a part of the Service and may not prove to be useful in a particular case, we ask that you include phone and cell phone numbers when imputing your contact information as a backup to support the Service because users will not always have access to the Internet when they need to send or access a communication or there is a need for a representative to contact a user.

3. USE SUBJECT TO TERMS OF TOS

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS SUBJECT TO THE TERMS AND CONDITIONS OF THE TOS AND THAT THE Online Sports Trivia SERVICE IS PROVIDED ON AN "AS IS" BASIS AND THAT Online Sports Trivia AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

4. NO LIABILITY

IN NO EVENT WILL Online Sports Trivia, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE Online Sports Trivia SERVICE OR THE CONTENT INCLUDED THEREIN, BE LIABLE TO YOU OR ANY OTHER PERSON IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, OR PERSONAL INJURY, STRESS OR INCONVENIENCE ARISING OUT OF THE USE OF OR INABILITY TO USE THE Online Sports Trivia SERVICE ON OUR WEB SITE.

5. FURTHER DISCLAIMER

The provisions of the above section shall apply to all use of and content on the Online Sports Trivia service. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, loss or damage to any photograph or other content you may provide for inclusion in the Service, theft or destruction or unauthorized access to, alteration of, or use of the Online Sports Trivia service, whether for breach of contract, tortuous behavior (including strict liability), negligence, or under any other cause of action.

6. TRADEMARKS

Certain of the names, logos, and other materials displayed in the Online Sports Trivia service constitute trademarks or intellectual property of Online Sports Trivia, our service providers or other entities. You are not authorized to use any such marks except in connection with the use of the Service and you acknowledge that ownership of such trademarks and other intellectual property remains with Online Sports Trivia or those other entities.

7. RESPONSIBILITY OF USER

You are responsible for gaining access to the Service and imputing or modifying information with respect to yourself and your children or children for whom you have responsibilities. You are also responsible for your understanding and determining the accuracy, reliability, ownership or right to use, suitability and authenticity of all content and information imputed by you. Children under the age of 18 must obtain permission from a parent or person with whom they reside before they are authorized to enter or supply contact information or any other information which may appear on our website or otherwise use the service. However, we have no obligation to enforce this policy and have no responsibility for unauthorized use. We call your attention to our privacy policy set forth above. All persons using the Service agree not to violate such privacy policy. You agree that we may use your, your children’s and the children for whom you have responsibility’s contact information in connection with our providing services to you. You also agree that our service providers may use any content supplied by you and publicly displayed on our web site in its marketing efforts.

8. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, contact information or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you and other users, and not Online Sports Trivia, are entirely responsible for all Content that you or other users upload, post, email, transmit or otherwise make available via the Service whether or not we, our Representatives or our service providers assist you or other users in making such Content available on our web site. Online Sports Trivia, its Representatives and its service providers do not control the Content posted via the Service and, as such, do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Online Sports Trivia be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of or inability to use any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree not to and will not permit your children or the children for whom you have responbility to use the Service to:

a.	upload, post, email, transmit or otherwise make available or modify any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b.	harm minors in any way;
c.	impersonate any person or entity, including, but not limited to, a Online Sports Trivia or service provider official, coach, player, teacher, parent, student, leader, user, employee, guide or host, or falsely state or otherwise misrepresent our affiliation with a person or entity;
d.	forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e.	upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f.	upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
g.	upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except to offer products or services generally associated with the intended use of our web site to promote the interests of our organization .
h.	upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i.	disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j.	interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k.	intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law;
l.	"stalk" or otherwise harass another; or
m.	collect or store personal data about other users except to offer products or services generally associated with the intended use of our web site to promote the interests of our organization .

You acknowledge that Online Sports Trivia, its Representatives and its service providers do not pre-screen Content, but that Online Sports Trivia and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. You agree to use reasonable efforts to remove from our web site any Content which violates the TOS. Without limiting the foregoing, Online Sports Trivia and its service providers shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that we require you to agree to bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on the accuracy or completeness of any Content created by Online Sports Trivia or its service providers or submitted to Online Sports Trivia.

We request our users to input telephone and cell phone numbers when entering their contact information to facilitate an alternative means of communication which will act as a back-up system in the event of a non-communication or miscommunication resulting from the use of or unavailability of the Service. We ask you to acknowledge that imputing such information will not ensure that you will receive or be able to obtain the correct information when desired.

You acknowledge and agree that Online Sports Trivia or its service providers may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Online Sports Trivia, its service providers, users and the public.

You understand and acknowledge that the technical processing and transmission of the Service, including our Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

Online Sports Trivia does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Online Sports Trivia and its service providers the following world-wide, royalty free and non-exclusive license(s), as applicable:

With respect to Content you submit or make available for inclusion on publicly accessible areas the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the Online Sports Trivia Service and the business of our service providers. Online Sports Trivia will remove any Content you submitted and which you at a later date request that we remove from the site.

"Publicly accessible" areas of the Service are those areas of the Online Sports Trivia network of properties that are intended by Online Sports Trivia to be available to the general public.

All modifications or improvements of the Service proposed or developed by you and all modifications or improvements of the Service developed by Online Sports Trivia or its service providers whether or not requested by you shall when incorporated into the Service become the property of our service providers.

10. INDEMNITY

You agree to indemnify and hold Online Sports Trivia, and our service providers and our and their subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

11. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

12. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Online Sports Trivia or its service providers may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by a user on the Service, the maximum size of any email message that may be sent from or received by a user on the Service, the maximum disk space that will be allotted on Online Sports Trivia's or its service providers servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Online Sports Trivia and its service providers have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You further acknowledge that Online Sports Trivia and its service providers reserve the right to change these general practices and limits at any time, in their sole discretion, with or without notice.

13. MODIFICATIONS OR DISCONTINUATION OF SERVICE

Online Sports Trivia and its service providers reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that neither Online Sports Trivia nor its service providers shall be liable to you, or to any third party for any modification, suspension or discontinuance of the Service.

14. TERMINATION

You agree that Online Sports Trivia may, under certain circumstances and without prior notice, immediately delete any information posted on our website, and terminate access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), and (e) unexpected technical issues or problems. Termination of your Online Sports Trivia account includes (a) removal of access to all offerings within the Service. Further, you agree that all deletions or terminations whether or not for cause shall be made in Online Sports Trivia's or our service providers sole discretion and that neither Online Sports Trivia nor its service providers shall be liable to you be liable to you or any third-party for any deletion or termination of and information or access to the Service.

15. DEALINGS WITH PERSONS OFFERING OR ADVERTISING GOODS AND SERVICES

Your correspondence or business dealings with, or participation in promotions of, persons offering or advertising goods or services found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such person. You agree that neither Online Sports Trivia nor its service providers shall be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisement on the Service.

16. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because neither Online Sports Trivia nor its service providers has control over such sites and resources, you acknowledge and agree that neither Online Sports Trivia nor its service providers are responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that neither Online Sports Trivia nor its service providers shall be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

17. Online Sports Trivia'S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Online Sports Trivia, its service providers or advertisers, you agree not to and will not permit your children to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

Online Sports Trivia and its service providers grant you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Online Sports Trivia or its service providers for use in accessing the Service.

18. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a.	YOUR USE OF THE SERVICE IS AT YOUR AND THEIR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Online Sports Trivia AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b.	Online Sports Trivia AND ITS SERVICE PROVIDERS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, ADVERTISEMENTS, MESSAGES, INFORMATION, OR OTHER MATERIAL PURCHASED, DISPLAYED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c.	ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OR YOU COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d.	NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU OR YOU FROM Online Sports Trivia OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

19. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE AND WILL REQUIRE YOU TO AGREE THAT NEITHER Online Sports Trivia NOR ITS SERVICE PROVIDEERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR STRESS, PERSONAL INJURY, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Online Sports Trivia OR A SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSMITTED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) LOSS OR DAMAGE TO ANY OF YOUR PHOTOGRAPHS OR OTHER CONTENT, (vi) OUR OR OUR SERVICE PROVIDERS FAILURE TO ACCURATELY INPUT ANY CONTENT SUPPLIED BY YOU OR OTHER USERS INTO THE SERVICE or (vii) ANY OTHER MATTER RELATING TO THE SERVICE.

20. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.

21. NOTICE

Notices to you may be made via either email, fax or regular mail. Online Sports Trivia or our service providers may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

22. TRADEMARK INFORMATION

Online Sports Trivia, the Online Sports Trivia logo and other Online Sports Trivia logos and product and service names are trademarks of Online Sports Trivia (the "Online Sports Trivia Marks"). The service providers marks and logos are the trademarks of the service providers (the Service Providers Marks”) Without Online Sports Trivia's or the service providers prior permission, you agree not to display or use in any manner, the Online Sports Trivia Marks or the Service Providers Marks.

23. COPYRIGHTS and COPYRIGHT AGENTS

Online Sports Trivia respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Online Sports Trivia and our service provider the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

24. GENERAL INFORMATION

The TOS constitute the entire agreement between you and Online Sports Trivia and governs your use of the Service, superceding any prior agreements between you and Online Sports Trivia. Online Sports Trivia or the service provider may change the terms and conditions of the TOS at any time without notice and may require you to agree to such changes in the TOS as a condition of your continued use of the Service. You also may be subject to additional terms and conditions that may apply when you use our service provider’s services, third-party content or third-party software. The TOS and the relationship between you and Online Sports Trivia and the service providers shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Online Sports Trivia and the service providers agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New York, New York The failure of Online Sports Trivia or the service providers to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

25. VIOLATIONS

Please report any violations of the TOS.