IMPORTANT LEGAL NOTICE REGARDING TERMS OF USE OF THE TRIVIA BAR
CAREFULLY READ THE TERMS OF USE BEFORE USING THE TRIVIA BAR APPLICATION, THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
USER AGREEMENT
TheTriviaBar owns and operates the Website that links to these Terms of Use. We are happy to offer you access to our Website and the ability to participate in our trivia contests of skill, subject to these Terms of Use (the “Terms of Use”, or “Terms”), our privacy policy (the “Privacy Policy”) and the Official Rules and Regulations for the applicable contests and promotions.
CONSIDERATION
You agree to these Terms of Use by using the Website, registering for Services offered on the Website, or by accepting, uploading, submitting or downloading any information or content from or to the Website. IF YOU DONT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, DONT USE THE WEBSITE. These Terms of Use constitute a legal agreement between you and TheTriviaBar, and shall apply to your use of the Website and the Services.
ELIGIBILITY
You must be at least eighteen 18 years of age to open an account, agree to the TriviaBar Terms and Conditions and to win cash prizes.
You may establish only one account per person to participate in the Trivia contests offered on the Website. In the event TheTriviaBar discovers that you have opened more than one account, in addition to any other rights that TheTriviaBar may have, TheTriviaBar reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke any prizes won. You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. It shall be a violation of these Terms of Use to allow any other person to use your account to participate in any contest. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use. If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes.
“Authorized Account Holder” is defined as the natural person 18 years of age or older who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address for registration on the Website. By inputting a payment method to participate in real money contests, the Authorized Account Holder hereby affirms that the Authorized Account Holder is the lawful owner of the payment method account used to make any deposit(s) on the Website. It shall be a violation of these Terms of Use for any Authorized Account Holder to submit payment using any payment method that is not owned by the Authorized Account Holder.
If any deposit is charged back any winnings generated from TheTriviaBar contests shall be invalidated, forfeited and deducted from your Account balance. In addition, the amount of the initial deposit will be invalidated, forfeited and deducted from the Account balance. TheTriviaBar reserves the right to close your account – without notice – shall a deposit be charged back.
TheTriviaBar employees and Immediate Family Members (an “Immediate Family Member” means any domestic partner and relative of the employee who resident at an employee’s residence, including but not limited to parents, grandparents, in-laws, children, siblings, and spouses) are not permitted to play in any public contests for cash hosted on the Website; provided, however, Employees and Immediate Family Members are permitted to play in the following contests on the Website.
Restrictions: Real money games may not applicable in all 50 states. It is the users responsibility to know local and state laws in regards to Games of Skill.
CONTEST ENTRY
Users will be able to visit the Application or website and view the contests available for entry. Each individual Contest that is not free to enter has an entry fee listed in US dollars. When you select to participate in a Contest and complete the entry process, the listed amount of US dollars will be debited from your account.
REFUND POLICY
All payments are final. No refunds will be issued. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the account was registered. In the event of an app malfunction or technical error, the game will be rescheduled OR at The Trivia Bar's discretion, appropriate refunds will be made in the form of Trivia Bucks.
CONDITIONS OF PARTICIPATION
By entering a Contest, entrants agree to be bound by these Rules and the decisions of TheTriviaBar, which shall be final and binding. The Company, at its sole discretion, may disqualify any entrant from a Contest, refuse to award benefits or prizes and require the return of any prizes, if the entrant engages in conduct or otherwise utilizes any information the Company deems to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other entrants. These Terms prohibit entering a Contest if the entrant is:
• Falsifying personal information required to enter a Contest or claim a prize;
• Engaging in any type of financial fraud including unauthorized use of credit instruments to enter a Contest or claim a prize;
• Any violation of Contest rules or the Terms of Use;
• Using automated means (including but not limited to scripts and third-party tools) to interact with the Website in any way.
• Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Website or of any User for any purpose.
• Tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest;
• Obtaining other entrants information and spamming other entrants; or abusing the Website in any way.
Identity Verification
The Trivia Bar may require users to provide a valid United States Identification at any time. Account who cannot/do not verify their identiy within 7 days of a request, will be subject to terminiation. All funds (both trivia coin and real money) will be forfeited.
Users further acknowledge that the forfeiture and/or return of any prize shall in no way prevent TheTriviaBar from pursuing criminal or civil proceedings in connection with such conduct.
By entering into a Contest or accepting any prize, entrants, including but not limited to the winner(s), agree to indemnify, release and to hold harmless TheTriviaBar, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities (collectively, the “Released Parties”), from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with participation in the Contest, the receipt, ownership, use or misuse of any prize or while preparing for, participating in and/or travelling to or from any prize related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy. TheTriviaBar may, in its sole and absolute discretion, require an Authorized Account Holder to execute a separate release of claims similar to the one listed above in this Paragraph as a condition of being awarded any prize or receiving any payout.
TheTriviaBar is not responsible for: any incorrect, invalid or inaccurate entry information, human errors, postal delays/postage due mail, technical malfunctions, failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to software and operating systems that do not permit an entrant to participate in a Contest), including without limitation any injury or damage to any entrant's or any other person's computer or video equipment relating to or resulting from participation in a Contest; inability to access the Website, or any web pages that are part of or related to the Website; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, postal issues, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider's facilities, or any phone site or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.
TheTriviaBar is not responsible for incomplete, illegible, misdirected or stolen entries. If for any reason a Contest is not capable of running as originally planned, or if a Contest, computer application, or website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper entry to a Contest in accordance with the Terms of Use or applicable Contest rules, or if infection by a computer (or similar) virus, bug, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of TheTriviaBar, corrupts or affects the administration, security, fairness, integrity, or proper conduct of a Contest, the Company reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the Contest, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification will be posted on the Website or emailed to users.
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE/APPLICATION OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THETRIVIABAR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
All entries become the property of TheTriviaBar and will not be acknowledged or returned.
To be eligible to enter any contest or receive any prize, the Authorized Account Holder may be required to provide TheTriviaBar with additional documentation and/or information to verify the identity of the Authorized Account Holder, and to provide proof that all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of an Authorized Account Holder, TheTriviaBar will, in its sole and absolute discretion, utilize certain information collected by TheTriviaBar to assist in verifying the identity and/or eligibility of such Authorized Account Holder.
Participation in each Contest must be made only as specified in the Terms of Use. Failure to comply with these Terms of Use will result in disqualification and, if applicable, prize forfeiture.
Where legal, both entrants and winner consent to the use of their name, voice, and likeness/photograph in and in connection with the development, production, distribution and/or exploitation of any Contest or the Website. Winners agree that from the date of notification by TheTriviaBar of their status as a potential winner and continuing until such time when TheTriviaBar informs them that they no longer need to do so that they will make themselves available to TheTriviaBar for publicity, advertising, and promotion activities.
TheTriviaBar reserves the right to move entrants from the Contests they have entered to substantially similar Contests in certain situations determined by TheTriviaBar in its sole discretion.
CONTEST PRIZES AND PROMOTIONS
Prizes will only be awarded only if a Contest is run and meets the minimum require contest entries. We reserve the right to cancel a Contests at any time. In the event of a cancellation, all entry fees will be refunded to the customer in the form of Trivia Bucks.
Guaranteed prizes are offered in connection with some of the Contests offered by the Website/App. Each Contest or promotion is governed by its own set of official rules. We encourage you to read such Contest and promotions Rules before participating.
IMPOSSIBLE JACKPOTS
All Impossible Jackpots are paid in the form of Trivia Bucks and can only be won once. Jackpots are subject to change without notice and can be canceled at any time. Users may be offered a 20% cash option in certain cases but is at the sole descretion of TheTriviaBar. The "Guaranteed" prize money assumes at least one perfect score.
Deposit Bonuses and Bonus Codes
All deposit bonus codes are good for ONE use per user unless specified by The Trivia Bar. Any attempt to circumvent these rules by creating additional accounts will be cause for immediate account termination and forfeiture of all account funds.
The 100% deposit match will be released in increments of $1 for each $10 spent on contests. For example, if a user deposits $1,000 using the 100% deposit match and enters $100 worth of contests, $10 will be released as a bonus in the form of Trivia Bucks.
Immediate deposit bonuses may be de-credited if a user withdraws the originaly funds within 48 hours.
Win or Your Money Back Promo
In order to qualify for this promo, the user must actively compete in each offered "Triviaholic" contest the first month of subscription. A failure to actively compete (Register and answer each question) in each contest, will void the money back guarantee. In order to get a refund on your first months subscription, the user must send an email to info@thetriviabar.com within five days of subscription completion. The email must include; Username, Date of Subscription creation, and screenshots of entire "Results" tab for the previous month. Once reviewed, the user will be credited back their subscription fee in the app in the form of Trivia Cash which can be used to enter contests or immediately withdrawn via PayPal.
CONTEST OF SKILL
Contests offered at TheTriviaBar are contests of skill. Winners are determined by the objective criteria described in the Contest deadline and any other applicable documentation associated with the Contest. From all entries received for each Contest, winners are determined by the individuals who use their skill and knowledge of trivia to get as many questions right in the fastest amount of time. The Website and Contests may not be used for any form of illicit gambling.
PRIZES
At the conclusion of each Contest, prizes will be awarded within 24 hours of the contest completion except in circumstances where technical failure, inability of the Company to verify your compliance with these Terms, or other reasons prevent such timely payout. Contest prizes are listed in our prize structure list. Prizes won are added to the winning participants account balance. In the event of a tie, prizes are divided evenly amongst the participants that have tied. Prize strucure and Payouts are based on the amount of entries at the start of a contest and are subject to change without notice.
PRIZE TABLES
Contest prize payouts will be published with the creation of each new contest. TheTriviaBar reserves the right, in its sole discretion, to cancel or suspend the contests (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the contest (or any portion thereof) warrant doing so. Prize structure and prize pools may be changed if the contest does not fill to it’s maximum amount of players without notice. In the event of an overpayment either due to a technical error or an admin error, TheTriviaBar reserves the right to make a correction to reflect the correct payment amount within 48 hours. Any errors not corrected within that time frame will remain with the user. TheTriviaBar at it's sole descretion may decide what the correct payout is based on the entry fee, listed contest type, and intended prize structure.
PAYMENT AND WITHDRAWAL OF PRIZES
Before making any payment, TheTriviaBar may require that an entrant complete and execute an affidavit of eligibility in which, among other things, the entrant is required to represent and warrant that the entrant is eligible to participate in a Contest, is otherwise in compliance with this Agreement and, potentially, is required to provide documentation or proof of eligibility and compliance. If TheTriviaBar requests that an entrant completes and executes such an affidavit and the entrant fails to do so within seven (7) days, or TheTriviaBar otherwise determines that the entrant does not meet the eligibility requirements or is not in compliance with these Terms, TheTriviaBar reserves the right to terminate the entrant’s account and withhold or revoke the awarding of any prizes associated with such account. In such a situation, TheTriviaBar may pay out any withheld or revoked prizes to the other entrants in the relevant contest in a manner consistent with the Rules of the Contest.
Entrants may withdraw their cash prize awards as well as cash deposits by using the "Withdrawal" option on the Applicaion. Entrants may be requested to complete an affidavit of eligibility and a liability/publicity release (unless prohibited by law) and/or appropriate tax forms and forms of identification including but not limited to a Driver's License, Proof of Residence, and/or any information relating to payment/deposit accounts as reasonably requested by TheTriviaBar in order to complete the withdrawal of prizes. Failure to comply with this requirement may result in disqualification and forfeiture of any prizes. Disqualification or forfeiture of any prizes may also occur if it is determined any such entrant did not comply with these Terms of Use in any manner.
Checks for withdrawal requests are processed within 14 business days.
All taxes associated with the receipt of any prize are the sole responsibility of the winner. In the event that any legal authority challenges the awarding of any prizes to winners of Contests, TheTriviaBar reserves the right in its sole discretion to determine whether or not to award such prizes.
Any withdrawal requests, after approved by TheTriviaBar, will be credited back to the same credit card or method of payment used to deposit funds on the Website first. Additional funds will be withdrawn via PayPal or check request.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedy, TheTriviaBar may, without prior notice, immediately revoke any or all of your rights granted hereunder. In such event, you will immediately cease all access to and use of the TheTriviaBar Website. TheTriviaBar may revoke any password(s) and/or account identification issued to you and deny you access to and use of the Website. Any such action shall not affect any rights and obligations arising prior thereto. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Stagnent accounts
All accounts without a login for 12 or more months will be deaactivated. All Real and Trivia Coin in the users accounts will be forfeited without notice.
DISCLAIMER OF WARRANTIES
THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE WEBSITE; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE WEBSITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEBSITE; (D) THE MESSAGES AND INFORMATION SENT FROM THE WEBSITE BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEBSITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE, ANY OF THE WEBSITES'FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEBSITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE OR THE CONTENT. FURTHER, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
THE COMPANY, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES OF EACH OF THEM, SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT THE COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEBSITE AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "COMPANY ENTITIES AND INDIVIDUALS"), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE WEBSITE, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE OR CONTENT;(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN THE WEBSITE'S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEBSITE). IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS WEBSITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE OR THE CONTENT. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE COMPANY'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE OR OTHER PROPERTY OWNED OR CONTROLLED BY THE COMPANY AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY WEBSITE OR OTHER PROPERTY OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS. IN THE EVENT THAT AN ANSWER IS PROVEN TO BE FALSE, THE TRIVIA BAR MAY REFUND ENTRY FEES (THAT DO NOT CASH) FOR THAT CONTEST, BUT IS AT THE SOLE DISCRETION OF THE TRIVIA BAR MANAGEMENT.
MISCELLANEOUS
Nothing in the Terms of Use shall create or confer any rights or other benefits in favor of any third parties except as specifically provided herein. By participating in any Contest on the Website, you agree to indemnify, protect, defend and hold harmless TheTriviaBar, its parents, subsidiaries, affiliates and divisions, and their respective directors, officers, employees, agents and representatives from and against any and all third party claims, liabilities, losses, damages, injuries, demands, actions, causes of action, suits, proceedings, judgments and expenses, including reasonable attorneys’ fees, court costs and other legal expenses including, without limitation, those costs incurred at the trial and appellate levels and in any bankruptcy, reorganization, insolvency or other similar proceedings, and any other legal expenses (collectively, "Claims") arising from or connected with your use of the Website, any payment methods used, any funding of your account, and/or your participation in any Contest. The Website may contain links to third party websites that are not owned or controlled by TheTriviaBar. TheTriviaBar has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, TheTriviaBar will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve TheTriviaBar from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.
Nothing in the Terms of Use shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and TheTriviaBar.
TheTriviaBar reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. If you continue to use the Services after we change the Terms of Use, you accept all changes. The failure of TheTriviaBar to comply with any provision of these Terms of Use due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of the Company (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms of Use.
MOBILE APPLICATION
These Terms of Use shall also apply to the use of the TheTriviaBar Mobile Application. These Terms of Use are intended to be in addition to the End User License Agreement for the Mobile Application, and to the extent any of these Terms of Use conflict with the End User License Agreement, these Terms of Use shall be deemed to apply and the conflicting provision in the End User License Agreement shall not be applicable. Any reference to the Website in these Terms of Use shall also be deemed to include the Mobile Application.