Terms of Use

Welcome to the TG Trivia application (the “Application”), operated by TG Trivia (”Company”, “we”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the Application and any other sites, applications, features, content or promotions offered by us from time to time that link or otherwise refer to this Terms of User (each a “Service” and collectively, the “Services”), whether as a guest or a registered user.

Acceptance of Terms of Use

Please read these Terms of Use carefully before you start to use the Services. By accessing and / or using the Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference and to comply with all applicable laws, rules and regulations (collectively, “Applicable Law”). If you do not want to agree to these Terms of Use and the Privacy Policy, you must not access or use the Services.

NOTE THAT THE “LEGAL ACTIONS” SECTION BELOW OF THE TERMS OF USE CONTAINS PROVISIONS THAT REQUIRE WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND THE COMPANY UNDER THIS AGREEMENT TO BE RESOLVED IN BINDING ARBITRATION, AND NOT IN COURT, AND THAT YOU AND THE COMPANY WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION IN CONNECTION WITH SUCH DISPUTES. PLEASE READ THE ARBITRATION AGREEMENT CAREFULLY. BY ACCESSING AND / OR USING THE SERVICES AND ACCEPTING THIS AGREEMENT, YOU AGREE TO BE BOUND BY THE ARBITRATION AGREEMENT.

Eligibility

The Services are offered and available to users who are at least 18 years of age. By accessing and / or using the Services you represent and warrant that you are of legal age to form a binding contract with Company and meet all the eligibility requirements. If you do not meet all these requirements, you must not access or use the Services.

The Company may require proof of your identify, age or eligibility at any time to use or continue to use the Service. Failure to provide evidence of identity or eligibility satisfactory to the Company, determined in the Company’s sole discretion, may result in the suspension or termination of your account and forfeiture of all funds in your account.

The Company reserves the right to monitor all activities on the Services, including without limitation, any effort to establish accounts in violation of these Terms of Use and to deny access to anyone, including without limitation, those users who use proxy servers and / or IP addresses residing in certain geographical areas. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities). Eligibility decisions are final, binding and not subject to appeal.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time, in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Your continued use of any Service following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

We may update the content on the Services from time to time but the content is not necessarily complete or up to date. Any of the material on the Services, including without limitation, the questions and answers, may be out of date at any given time and we are under no obligation to update such material. We reserve the right to withdraw or amend the Services and any material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Services to users.

Access to the Service and termination

To access the Services or some of the resources therein, you must have an account on Telegram. You may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide is accurate, current and complete.

You agree that all information you provide to register for a Service or otherwise, including without limitation through the use of any interactive features on the Services is governed by the Privacy Policy and you consent to all actions we take with respect to your information consistent with the Privacy Policy.

If you provide any information that is inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, the Company may deny you access to the Services, disqualify you from participation, revoke prizes and / or terminate your account, in our sole discretion (including without limitation, our independent assessment or the receipt of claims or allegations from third parties or authorities).

You shall not:

  1. select or use as a user name a name of another person with the intent to impersonate that person

  2. use as a user name, a name subject to any rights of a person other than you without appropriate authorisation; or

  3. use as a user name, a name that is otherwise offensive, vulgar or obscene.

Violation of these Terms of Use may result in the termination and cancellation of your account and forfeiture of your winnings.

If you wish to terminate your Account, you may do so by following the instructions on the Services and removing the Application from your device(s). Even after your user account or access to the Services is terminated by you or by the Company, these Terms of Use will remain in full force and effect with respect to your past and future use of the Services.

You may not sell or otherwise transfer your account. Any rights to your account terminate upon your death.

WE HAVE THE RIGHT TO TERMINATE YOUR ACCOUNT OR DISABLE OR CHANGE ANY USER NAME, PASSWORD OR OTHER IDENTIFIER, WHETHER CHOSEN BY YOU OR PROVIDED BY US, AT ANY TIME IN OUR SOLE DISCRETION FOR ANY OR NO REASON, INCLUDING IF, IN OUR OPINION, YOU HAVE VIOLATED ANY PROVISION OF THESE TERMS OF USE. You are not eligible to use the Services if you violate any provision of these Terms of Use, as determined in our sole discretion.

If for any reasons the Services are not running as intended (for example, if they become corrupted or do not allow the proper usage and processing of entires in accordance with the rules, or if infected by a computer virus, bugs, tampering, unauthorised intervention, actions by entrants, fraud, technical failures or any other causes of any kind, in the sole opinion of the Company corrupts and affects the administration, security, fairness, integrity or proper conduct of the Services), the Company reserves the right in its sole discretion to disqualify any individual implicated in or relating to the cause and / or to cancel, terminate, extend, modify or suspend the Services and select the winner(s) from all eligible entries. If such cancellation, termination, modification or suspension occurs, notification may be posted on the Services.

Account security

If you choose, or are provided with, a user name, password or any other piece of information as part of the security procedures of the Company or any Third-Party Social Media Service (e.g. Telegram), you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information.

You are solely responsible for the activity that occurs on your account and for keeping your account and login credentials secure. You may never use another person’s user account or registration information for the Services.

You agree to notify us immediately of any unauthorised access to or use of your user name or password or any other breach of security. You must never publish, distribute or post login information for your account.

Intellectual property rights

The Services and all contents, features and functionality (including without limitation, information, software, text, displays, images, video, audio and the design, selection and arrangement of these elements thereof) contained therein, are owned by the Company, its licensors or other providers of such material and are protected by international copyright, trademark, patent trade secret and other intellectual property or proprietary rights laws.

The Company’s name and all related names, logo, product and services names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use any such content or marks without the prior written permission of the Company.

Unless explicitly permitted on the Services, you must not reproduce, reuse, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Services. If the Services permit you to embed, share or link to content on the Services, it is for your personal, non-commercial use only, unless prior approval in writing by the Company is given. You may link to the Application or our Services, provided you do so in a way that is fair, legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without prior written consent, where that consent may be revoked at any time for any reason. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Payments

If the Company suspends or terminates your account and / or access to the Services because you have breached these Terms of Use or violated Applicable Law, you will not be entitled to a refund or distribution of any winnings or other payments.

In order to receive a payout for winnings (a “Transaction”), you will be asked to provide certain information including your cryptocurrency wallet address. If you provide an incorrect cryptocurrency wallet address, the Company is not obligated to re distribute or refund your winnings to the correct wallet address.

YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY WALLET ADDRESSES UTILISED IN CONNECTION WITH ANY TRANSACTION.

Verification of information may be required prior to the acknowledgement or completion of any Transaction. You are responsible for any taxes that may be applicable to your Transactions. The amounts displayed on the Services are quoted in USDT, unless otherwise indicated.

You understand that all Transactions will be handled by us, or third party cryptocurrency wallet providers on our behalf and checks on Transactions may be done to prevent money laundering. To the extent that they do not conflict with the terms of this Agreement, you agree to be bound by the terms and conditions of such third part cryptocurrency wallet providers.

Any undistributed winnings (if any) held in your account will not accrue interest. You shall not treat the Services as a financial institution.

Reliance on information posted

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services or by anyone who may be informed of any of its contents.

Prohibited Uses

You may use the Services only for lawful, authorised purposes and in accordance with these Terms of Use. You agree not to use the Services:

  • To violate any Applicable Law or contractual duty, including without limitation for fraud or money laundering.

  • To conduct criminal activities or utilise your account in connection with such activities or to deposit funds originating from criminal and / or illegal activities.

  • To transmit, or procure the sending of any unsolicited advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

  • For the purpose of exploiting, harming or attempting to exploit or harm any person in any way, including minors by exposing them to inappropriate content or asking for or otherwise obtaining personally identifiable or private information or otherwise.

  • To impersonate or attempt to impersonate the Company, a Company employee or representative, another user or any other person or entity (including without limitation by using email addresses or user names associated with any of the foregoing).

  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, determined by us, may harm the Company or users of the Services or expose them to liability.

  • In any manner that could disable, overburden, damage or impair the site or interfere with any other party’s use of the Services.

  • To use any bot, robot, spider, automatic device, algorithm, artificial intelligence, process or means to access the Services for any purpose, including monitoring, crawling, scraping or copying any of the material on the Services or to interpret, analyse, research or gain information about a question or submit an answer to a question.

  • To use any manual process to monitor or copy any of the material on the Services or for any other unauthorised purpose without our prior written consent.

  • To introduce or send materials to introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful or otherwise attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, database, password or other information.

  • To attack the Services or a third-party service via a denial-of-service attack or a distributed denial-of-service attack.

  • To commit any acts or display any conduct that damages the reputation of the Company.

  • To collude with another player or otherwise cheat.

  • To promote or link to affiliate programs, multi-level marketing schemes or sites repurposing existing stories or off-topic content.

  • To upload, post, submit or send content or information that:

    • Contains any material which is defamatory, obscene, indecent, abusive, vulgar, pornographic, profane, tortious, offensive, harassing, violent, hateful, inflammatory, depicts sexual activity, that you know is false, misleading, untruthful or inaccurate or that is otherwise objectionable or inappropriate as determined by us in our sole discretion.

    • Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

    • Infringes any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

    • Violates the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under Applicable Law or that otherwise may be in conflict with these Terms of Use or the Privacy Policy.

    • Includes anyone’s identification documents or sensitive financial information.

    • Promotes any illegal activity, or advocates, promotes or assists any unlawful act.

    • Gives the false impression that content or a communication emanate from or are endorsed by us or any other person or entity.

  • To otherwise attempt to interfere with the proper working of the Services.

You shall not intentionally disconnect from a game while using the Services. If we determine, in our sole discretion, that you are in breach of this clause, we may terminate your access to the Services immediately and / or have your account blocked. If your account is terminated or blocked in such circumstances, we are under no obligation to refund or provide to you any undistributed winnings.

Use of Player Accounts

You must comply with any rules and regulations posted on the Services for game play. The Company is not responsible for technical, hardware or software malfunctions, lost or unavailable network connections, disconnects from your game play on your platform or any incorrect or inaccurate results that may be posted on your game. Your player account is for your personal use only and funds deposited (if any) into your player account may only be used to play via the Services. You may not:

  • Gain unauthorised access to the Services’ systems or any account (other than your own), interfere with the communications, procedures or performance of the Services or deliberately damage or undermine the Services.

  • Affect the outcome of game play by means of or with the assistance of automatic macro bots, automated programs screen analysis utilities, artificial intelligence technology or similar methods to otherwise commit fraud in relation to the Services.

  • Alter the human skill component of any game played.

  • Create or operate multiple user accounts or enter multiple times into a game by any means. Should you attempt to open more than one account, under your own name or under any other name, or should you attempt to use the Services by means of any other person’s account, we are entitled to immediately close all your accounts, retain all winnings allocated to such accounts and bar you from future use of the Services.

  • Log an account into multiple devices simultaneously.

  • Log multiple accounts into a single device over the course of the history of any of the accounts.

  • Enter into a game for which you are not eligible via multi accounting, providing misleading information, masking or altering your IP address or other means.

Any attempt to do so is a violation of both civil and criminal laws and will result not only in the termination of your account and forfeiture of any and all winnings, benefits, bonuses and incentives to which you would otherwise be entitled, but potentially also civil and / or criminal prosecution. The Company, in its sole discretion, reserves the right to terminate any person’s account who is suspected of tampering with game results or who otherwise violates these Terms of Use and to seek criminal and / or civil prosecution to the greatest extent possible.

Each member acknowledges that the outcome of the games offered on the Services are directly related to the skill levels of each person participating. The Company does not comment or have knowledge of the probability of one participant winning a game, and makes no representations about an individual’s chances of winning. The Service may, from time to time, enable you to accumulate or earn money, status, points or prizes. The results and winners of each game and any prizes in connection therewith offered on the Services will be determined by the Company, and such determinations are final and binding. By registering and/or participating in any game or competition, you agree to be bound by these determinations. We reserve the right to take appropriate legal action, including criminal prosecution, as we deem necessary in our sole discretion. Winnings will be forfeited by a player who violates this Terms of Use. It is your responsibility to make sure that you read and understand all the rules and procedures of the Services prior to playing any game.

Miscarried and Aborted Games, Errors

In the event of a game malfunction all prizes are void. In the event a game is started but miscarries because of a failure of the system, the Company shall not refund the amount won in the game.

If the Company mistakenly credits you with winnings that do not belong to you, whether due to a technical or human error or error in the published prize winnings or gaming software, or otherwise, the amount will remain property of the Company and will constitute a debt owed by you to Company. In the event of an incorrect crediting, you are obliged to notify the Company immediately by email.

Prizes and taxes

Before a prize will be paid from any Service, it must be validated according to these Terms of Use and the rules and procedures set by the Company. We reserve the right to make the sole and final decision as to any winning status and our decision will be final and binding.

You warrant that you are, based on the laws of your country of residence and otherwise, permitted to receive the possible prizes, including in particular a possible cash prize (if any) and in the event of a breach of this warranty, the Company has the right to refuse to award any prizes.

You understand and agree that you are solely responsible for all taxes, fees or charges levied on the prizes (without recourse to the Company) and for the proper filing and reporting of the prizes on your tax returns or as otherwise required in any relevant country. The Company maintains the right to deduct or withhold any applicable taxes payable by you from the prizes (including but not limited to withholding taxes) as required by the applicable tax laws. The Company does not provide tax advice, nor should any statements in these Terms of Use or on the Services be construed as tax advice.

Game rules

The Application is a trivia game. The Application hosts one or several games with a predefined time for every game. To use and play a game, users have to sign up to a Telegram account and log into the Application via Telegram. The following rules apply to all games:

  • During a game, users answer questions with multiple choice answers.

  • Users collect game points for every question answered correctly.

  • A game prize is specified within the Application for each game.

  • A cash game prize can range between USDT$10 and USDT$1,000 (or equivalent amounts in other currencies) and the game prize is decided by the Company at its sole discretion.

  • A prize may be other than cash.

  • Users may be asked to invite other users and share the Application with other users. Each user has a unique referral code. Sharing the Application or using the invite buttons / options will generate links with the user’s referral code embedded.

  • Upon the Company’s sole discretion, we may:

    • make available the Application in some or all territories.

    • Award bonus points or bonus game rounds or game sets to users in different territories.

    • Make available bonus question sets or bonus features in different territories.

    • Make available different game prizes in different territories.

    • Offer additional game prizes to specific group(s) of users.

  • Players should always note that each game has a limited time before it ends, and users have to log in and play before the time is over.

Prize redemption and cashing out

  • Once a game is finished, the game prize will be distributed within 24 hours of the game ending, into the cryptocurrency wallet provided by the user upon registration.

  • It is the user’s sole responsibility to provide the accurate and full cryptocurrency wallet address required for the Company to perform the game prize distribution. No refunds or redistributions are provided to the user if they provide the wrong cryptocurrency wallet address.

Promotional activities

Unless prohibited by Applicable Law, your registration for a Service and/or use of the Application constitutes your permission to use your user name, likeness/profile picture/avatar, name, submissions, photograph, likeness, testimonials, gameplay data and statistics, and any other information that regarding your game activity and winnings in all media and in any manner worldwide, including, without limitation, for display on the Services and the Company’s social media accounts and otherwise for promotional, marketing and other commercial purposes, without additional compensation, approval rights or consent. You agree to fully cooperate with the Company’s representatives in such regard.

Monitoring and enforcement

We have the right, but not the obligation, to monitor the Services and to take any action with respect to your use of the Services or any content that we deem necessary or appropriate in our sole discretion, including if we believe that you or such content violates the Terms of Use, could cause harm to the Services, threatens the personal safety of users of the Services or the public or could create liability for the Company. Violation of these Terms of Use may result in the termination and cancellation of your account and forfeiture of your winnings. We may terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use. We may take appropriate legal action in connection any illegal or unauthorised use of the Services, including without limitation, referral to law enforcement. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any user of the Services or anyone posting or distributing any materials on or through the Services.

You understand and acknowledge that you are responsible for any content or information you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third-party, for the content or accuracy of any content or information uploaded, sent or posted by you or any other user of the Services. We may remove any content, at any time, including, without limitation, for non-compliance with these Terms of Use. However, we do not undertake to review all material before it is sent or posted on or through the Services and cannot ensure prompt removal of objectionable material after it has been posted. We assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third-party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Copyright infringement

We respect the intellectual property rights of others and request that users of the Services respect the intellectual property rights of others as well. We will remove any content that allegedly infringes another party’s copyright and reserve the right to suspend or terminate a user’s access to and use of the Service if a user is found to be a repeat infringer. If you believe your work has been copied and is accessible through the Services in a way that constitutes copyright infringement, you may notify TG Trivia in writing via support@tgtrivia.org. You must:

  1. Provide your physical or electronic signature

  2. Identify the copyright work that you believe is being infringed

  3. Identify the item in the Services that you think is infringing your work and include sufficient information about where the material is located on the Service

  4. Provide us a way to contact you, such as your address, phone number or email address

  5. Provide a statement that you believe in good faith that the item you have identified as infringing is not authorised by the copyright owner, or its agent, or the law

  6. Provide a statement by you, made under penalty of perjury, that the information you provide in your notice is accurate and that you are authorised to act on behalf of the copyright owner whose work is being infringed.

Information about you and your visits to the Application

All information we collect on or through the Services is subject to the Privacy Policy. By accessing and/or using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. The Company does not knowingly allow access to or collect information from children under the age of 18.

Links from the Services and Third-Party content

If the Services contain services or links to other applications, content or services provided by third-parties, these applications, services, content and links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third-party, for the content or accuracy of any materials provided by any third parties. If you decide to access any of the third-party sites linked to from the Services, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies for such third-party services.

Geographic Restrictions

The Services are hosted in Singapore. We make no claims that the Services or any of its content is accessible or appropriate or legal for use outside of Singapore. Access to the Services may not be legal by certain persons or in certain countries. You accept sole responsibility for determining whether your use of the Services is legal in the country / region where you live and / or in any country / region where you log on to use the Services. If you access the Services from outside Singapore, you do so on your own initiative and are responsible for compliance with local laws. The availability of the Services does not construe an offer or invitation by us to use the Services if you reside in a country or region in which such use is currently forbidden by law, or within any jurisdiction where Company, in its sole discretion, elects not to offer the Services. The Company shall not be responsible for any illegal or unauthorised use of the Services by you as we are unable to verify the legality of use in each jurisdiction and it is your sole responsibility to verify the legality of using the Services prior to logging on to the Services. Please consult legal counsel in the applicable jurisdiction if you have any doubts about the legality of your use of the Services under the laws of any jurisdiction that applies to you. You acknowledge that certain countries / jurisdictions have laws regarding contests that may prevent the Company from awarding you with a prize. If you are a winner and this happens to be the case with your country / jurisdiction, you acknowledge that you may not be able to receive any prize at all from the Company. By entering a game and / or using the Services, you acknowledge the risks, and understand that you may win but not be able to receive a prize.

Disclaimer of Warranties

YOUR USE OF THE SERVICES AND ANY CONTENT OR PRIZES OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE APPLICATION, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE APPLICATION. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APPLICATION, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY CONTENT OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SERVICES FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, RELATED PARTIES, ITS ADVERTISERS OR SPONSORS OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APPLICATION, ANY APPLICATIONS LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, related parties, advertisers and sponsors, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Services.

Legal Actions

Binding Arbitration. Except for disputes where either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents, you and TG Trivia agree to the following:

  1. Waive the right to have any and all disputes or claims arising from these Terms, your use of or access to the Application, or any other disputes with TG Trivia (collectively, “Disputes”) resolved in a court of law.

  2. Waive any right to a jury trial.

Instead, you and TG Trivia agree to resolve Disputes that are not settled informally (as described below) through binding arbitration. This means referring the Dispute to one or more arbitrators who will review the matter and make a final, binding decision to resolve it, rather than having the Dispute decided by a judge or jury in court.

Authority of Arbitrator. Subject to these Terms and applicable arbitration rules, the arbitrator will have: (a) the sole authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute; and (b) the power to grant any remedy that would otherwise be available in court. The arbitrator can only conduct individual arbitrations and cannot consolidate multiple individuals' claims, oversee any class or representative proceedings, or manage any case involving more than one person.

No Class Arbitrations, Class Actions or Representative Actions. You and TG Trivia agree that any dispute between us is personal and will be resolved solely through individual arbitration. Such disputes will not be brought as class arbitrations, class actions, or any other type of representative proceeding. Neither party consents to class arbitration or any arbitration where an individual seeks to resolve a dispute as a representative of another individual or group. Furthermore, you and TG Trivia agree that disputes cannot be brought as a class or other representative action, whether inside or outside of arbitration, on behalf of any other individual or group.

User Disputes. You agree that you are solely responsible for your interactions with any other user in connection with the Services and the Company will have no liability or responsibility with respect thereto. The Company reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.

Process. You and TG Trivia agree to notify each other in writing of any Dispute within thirty (30) days of its occurrence, to allow for a good faith effort to resolve the issue informally. Your notice must include (1) your name, postal address, and email address; (2) a description of the nature or basis of the Dispute; and (3) the specific relief you are seeking. If you and TG Trivia are unable to resolve the Dispute within thirty (30) days of TG Trivia receiving the notice, either party may commence an arbitration proceeding as outlined in this Section 9. Both you and TG Trivia agree that any arbitration or claim must be initiated within one (1) year after the Dispute arose, or the claim will be permanently barred, meaning you will no longer have the right to assert a claim regarding the Dispute.

Governing Law and Venue. Any dispute arising from these Terms and your use of the Platform will be governed by and construed and enforced in accordance with the laws of the Cayman Islands. Any dispute between the parties that is not subject to arbitration will be resolved in the Cayman Islands.

Waiver and Severability. No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Except as otherwise expressly provided herein, if any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

Miscellaneous

Entire Agreement. These Terms (and any additional terms, rules, and conditions of participation that may be posted on the website of TG Trivia) including the Privacy Policy constitute the entire agreement with respect to the Interface and supersedes any prior agreements, oral or written.

Privacy Policy. The Privacy Policy describes the ways we collect, use, store and disclose your personal information. You agree to the collection, use, storage, and disclosure of your data in accordance with the Privacy Policy.

Survival. Upon termination of these Terms for any reason, all rights and obligations of the parties that by their nature are continuing will survive such termination.

Contact. If you have any questions, claims, complaints, or suggestions, please contact us at support@tgtrivia.org.

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