Terms of Use – Popctrivia

Welcome to PopCTrivia.com! (“Website,” “Company,” “us,” or “our”) Here we provide you with fun answers to the world least asked questions every day (“Services”). Your use of the Services constitutes your agreement to these Terms of Use. If you do not agree with these Terms of Use, please do not use the Services. We reserve the right to change, modify, add, or remove portions of these Terms of Use at any time. If we make any material changes to these Terms of Use that impact your rights, we will post the changes on this page with no further notice to you. All changes will be in effect from the date of posting forward. Your continued use of our Services after material changes will act as an acceptance of our changes – so please check back here often. We also collect personal and non-personal information according to the terms of our posted Privacy Policy and you agree to those terms as well, as they are incorporated herein by this reference. If you do not agree to these Terms or the posted Privacy Policy, you must discontinue using our Website and Services.

THESE TERMS OF USE CONTAIN AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THESE PROVISIONS AFFECT YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH US. PLEASE READ THEM.

USE OF SERVICES AND OUR CONTENT

You may display, reproduce, print or download content, including images, on the Services only for your personal, non-commercial use. Your right to use the Website, the Services, and all Content and Services made available by the Company, its suppliers, and/or advertisers on or through, the Website is personal to you and may be used solely for your own personal use. You are solely responsible for the contents of your transmissions through the Website. Your use of the Services and Content is subject to all applicable local, state, national, and international laws, and regulations. As such, you agree:

To comply with all applicable statutes, orders, regulations, and rules;
Not to use the Service or Content for any fraudulent or illegal purposes;
Not to take any action to interfere with the Website or any other user's use of the Website;
Not to interfere or disrupt networks;
Not to use any data mining, robots or similar data gathering and extraction methods in connection with your use of the Service or Content;
Not post, upload, share, transmit, distribute, facilitate distribution of or otherwise make available to or through the Website any unlawful, infringing, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, or otherwise objectionable material of any kind, including unauthorized or unsolicited advertising;
Not to reproduce, duplicate or copy any portion of the Website for commercial gain, except as authorized by this Agreement;
Not to sell, resell or otherwise exploit for any commercial purposes any portion of, the use of or access to the Website;
Not to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website, or express or imply that we endorse any statement you make; and
Not to disseminate on the Website any viruses, worms, spyware, adware or other malicious computer code, file or program that is harmful, invasive or may or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software, or equipment.

INTELLECTUAL PROPERTY RIGHTS

We own or have licensed to all "Content" on our Website or which appears in our emails which includes, but is not limited to text, software, music, sound, photographs, video, graphics, written materials as well as all Content and Services made available by Company’s vendors and advertisers (“Company Content”). Company grants you a limited license to reproduce and display portions of our Content in connection with viewing the Website and using the Service for your own personal purposes. You are not permitted to copy, use, reproduce, distribute, perform, display, or create derivative works Company Content without authorized by the Company.

USER CONTENT

You are responsible for any content that you upload, post, email, transmit or otherwise make available (collectively “User Content”) on or through our Website or Service whether publicly posted or privately transmitted. You represent and warrant that User Content is original or posted with permission of the original author, truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such User Content. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary rights, or any other harm resulting from any User Content submission. Further, User Content shall be unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind or nature. We reserve the right, but not the obligation to remove any User Content for any reason or no reason in our sole discretion.

By submitting User Content, you grant to the Company a perpetual non-exclusive, worldwide, royalty-free, transferable, and sublicensable right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. You waive all moral rights and promise not to assert such rights against the Company, its sublicensees or its assignees.

THIRD PARTY SERVICES

Links to Third Party Websites, Content and Ads are placed on our Website and may appear in our emails to you, this may also include articles, photographs, text, graphics, pictures, designs, music, sound, video, and other content belonging to or originating from third parties (collectively “Third Party Content") and advertisements by third parties ("Third Party Ads"). When you click on a link to a Third-Party Site or Third-Party Ad, we will not warn you that you have left our Website and are subject to the terms and conditions (including privacy policies) of another website or destination.

Such Third-Party Sites, Third Party Content, and Third-Party Ads are not reviewed, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Sites accessed through the Company Properties or any Third-Party Content or Third-Party Ads posted on or through our Website. We do not review the content, validity, truthfulness, completeness, usefulness accuracy, reliability, or policies of or contained in the Third-Party Sites, Content, or Ads. Any information, statements, opinions, or other Content provided by third parties and made available on our Website are those of the respective author(s) and not the Company. You agree that we are not responsible or liable for the content or actions of such third party.

Inclusion of or linking to any Third-Party Site or any Third-Party Content is solely as a convenience to users and does not imply approval or endorsement thereof by us. If you use these links, you will leave our Website. If you decide to visit any linked website, you do so at your own risk. It is your responsibility to take all protective measures to guard against viruses or other destructive elements. Under no circumstance will the Company be liable for any loss or damage caused, directly or indirectly, by your reliance on any such third-party Content.

The Company does not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that the Company is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked website is authorized to use any trademark, trade name, logo or copyright symbol of the Company.

YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES.

NO WARRANTY. YOU AGREE THAT:

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND CONTENT THEREON ARE PROVIDED "AS-IS" AND WITH ALL FAULTS. COMPANY ASSUMES NO RESPONSIBILITY FOR AVAILABILITY (OR LACK THEREOF), TIMELINESS (OR LACK THEREOF), DELETIONS, MISDELIVERIES, OR FAILURE TO STORE ANY MEMBER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
USE OF THE COMPANY SERVICES IS AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF CONTENT AND/OR DATA FROM THE COMPANY SERVICES.
THE WEBSITE AND CONTENT ARE PROVIDED FOR ENTERTAINMENT PURPOSES ONLY AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPANY, ON BEHALF OF ITSELF AND ITS VENDORS AND AGENTS, DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY, REPRESENTATION OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT AND IT MAKES NO WARRANTY, REPRESENTATION OR CONDITION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR CONTENT, THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE WEBSITE, ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE, AND MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT THE WEBSITE OR CONTENT WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, AND IN THOSE JURISDICTIONS, THESE LIMITATIONS MAY NOT APPLY IN FULL.

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND SERVICE PROVIDERS OR VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS AND THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES (COLLECTIVELY, "INDIRECT DAMAGES") ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, OUR PRIVACY POLICY, OR THESE TERMS (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS AND SUPPLIERS WILL NOT BE LIABLE FOR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE WEBSITE OR CONTENT. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

COPYRIGHT INFRINGEMENT

We will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Company Properties or on third party sites, please provide, pursuant to the DMCA, written notification of claimed copyright infringement to the Designated Agent for this Website (identified below), which must contain the following elements:

A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
A description of the copyrighted work(s) that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
A description of where the content that you claim is infringing is located on the Company Properties;
Information sufficient to permit the Company to contact you, such as your physical address, telephone number and e-mail address;
A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Company and its parent, subsidiaries, affiliates, officers, directors, employees, suppliers, consultants, contractors, and agents ("Company Parties") from any and all claims, liability, losses, damages and/or costs (including, but not limited to, reasonable attorneys' fees) arising from your use of the Website, its Content in violation of these Terms of Use, unsolicited information you provide to the Company through the Website, or your violation of any third party's rights, including without limitation, infringement by you or any other user of your account of any intellectual property or other right of any person or entity. These Terms will inure to the benefit of the Company's successors, assigns, and licensees.

BINDING ARBITRATION AND WAIVER OF CLASS ACTION PARTICIPATION

Any dispute, controversy, or claim arising out of, relating to, or in connection with these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate shall be settled by binding arbitration in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS. The arbitration shall be conducted by a single arbitrator, selected in accordance with the rules of JAMS, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in the county and state of the defending party. Notwithstanding the foregoing, either party has the right to seek any interim or preliminary relief from a court of competent jurisdiction in any county or state having proper jurisdiction in order to protect the rights of such party pending the completion of any arbitration hereunder, and both parties agree to submit to the exclusive jurisdiction of the courts of the State of Delaware and venue in Kent County, Delaware for any such proceeding.

To the extent permitted by law, any claim or dispute arising out of or related to use of the Services or these Terms of Use must be filed within one year after such claim or dispute arose. The one-year period begins when the event giving rise to the claim or dispute occurs. If such a claim or dispute is not filed within one year it shall be permanently barred.

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AND WE ALSO AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY.

This provision shall survive termination of this Agreement and is a material inducement for Company to provide services to you.

GENERAL PROVISIONS

This Agreement applies exclusively to your access to, and use of, the Website, our emails and does not alter in any way the terms or conditions of any other agreement you may have with the Company. Additional policies and terms may apply to use of all or portions of the Website and are incorporated by reference into this Agreement. Please refer to and review all additional specific terms and conditions as applicable, including the Company's Privacy Policy.

All communications between you and the Company will be through electronic means, whether you visit the Website, use Services, or receive Company emails, or whether the Company communicates with you via email. For contractual purposes, you: (1) consent to receive communications from or on behalf of the Company in an electronic form, by email or by posting notices on the Website; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. All notices from the Company intended for receipt by a user shall be deemed delivered and effective when posted or sent to the email address you provide on the Website.

You hereby release the Company Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, that is either directly or indirectly related to or arises from any interactions with or conduct of other Website users or third party websites of any kind arising in connection with or as a result of the Terms or your use of the Company Services. Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, pandemic, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, pandemic, energy, labor or materials.

Any dispute in connection with the Website or Terms of Use will be governed by the laws of the State of
Delaware and the United States of America. This provision shall survive termination of this Agreement.

No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

If any provision of the Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms of Use will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

These Terms of Use are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.