FunTrivia.com Terms of Service
Return to FunTrivia.com
The following document is Fun Trivia, Inc's Terms of Service Agreement. This is a
legal contract between you and FUN TRIVIA, INC. (FunTrivia). Please
read the entire agreement carefully before accessing or using the
FunTrivia website, affiliate sites, or any information, products,
software, services or other features.
FunTrivia will provide its
services to you only upon your acceptance of this Agreement. By
accessing and browsing the site, you accept, without qualification or
limitation, the following terms and conditions and acknowledge that any
other agreements that may exist between you and FUN TRIVIA, INC.
(FunTrivia) with respect to the following terms and conditions are
superseded and of no force and effect.
ACCEPTANCE OF TERMS. This Web Site (the FunTrivia.com Web Site) is owned by
FUN TRIVIA, INC.
The services that FUN TRIVIA, INC. (FunTrivia) provides
to you are provided subject to the following Terms of Service ("TOS"), and
by accessing and using the FunTrivia Web Site (http://www.FunTrivia.com),
you agree to them.
FunTrivia reserves the right to amend and update the
TOU at any time without notice to you. The most current version of the
TOU can be reviewed by clicking on the "Conditions or Terms of Service " hypertext link
located at the bottom of our Web pages. EACH TIME THAT YOU ACCESS OR
USE THE FUNTRIVIA.COM WEBSITE, YOU RE-AFFIRM YOUR CONSENT TO THE
(1) USE & ELIGIBILITY REQUIREMENTS. By visiting the FunTrivia web site, you consent to the following conditions.
FunTrivia may, at its discretion, terminate your account, deny you eligibility to prizes, or deny you access to the FunTrivia.com domain name via blocking if it feels you have at any
time violated the following eligibility requirements:
- You must be at least 13 years of age to access the website or its services.
The Children's Online Privacy Protection Act ("COPPA") requires that we
inform parents and legal guardians about how we collect, use, and disclose personal information
from children under 13 years of age. FunTrivia does NOT allow users under 13 years of age
to register for an account or use the FunTrivia.com website alone. We do have a collection
of trivia quizzes that may be suitable for children (this is ultimately a parent's responsibility), but these may only be used under supervision of a parent or guardian.
- FunTrivia content is not guaranteed for accuracy or completeness.
One account per person. You may not create or play under more than one FunTrivia account. Players found to be using more than one
have all accounts closed.
You agree not to attempt to reverse engineer, breech security measures
of or otherwise access FunTrivia for reasons other than standard game
FunTrivia content (text and images) are
copyrighted under U.S. and Int'l law, you therefore agree not to
electronically copy or redistribute any content gained from
You may not use any data mining, automated scripts, bots,
information gathering or other automated mechanisms while connected to
the FunTrivia web site.
You may not use FunTrivia in any way to promote a web site, product or service.
You may not share any content or answers found within FunTrivia games
with other users to achieve an unfair
advantage. You must not use flaws or holes in the system to gain unfair advantages in games or
quizzes. Anything considered cheating is prohibited.
You agree to behave in a mature manner in all communications.
You agree to and understand that
FunTrivia uses IP address logging and may use certain 3rd parties to
verify your compliance to these terms.
You agree that FunTrivia may terminate your account
at any time without notice for any reason at its sole discretion.
You understand that FunTrivia player scores and awards will not be "reimbursed" or "undone" due to system bugs, network
errors, personal computer issues, or any other reasons. It is simply not practical.
You agree to respect and abide by rules and directions laid out by FunTrivia volunteer editors and moderators. These
keep our community spam and abuse-free, and may moderate/delete content or terminate your account at any time for any reason.
there are inherent risks in submitting information to websites, and in what you disclose publicly about yourself.
to our publicly available content AND our trivia question products: FunTrivia aims to be as accurate as possible
when it comes to presenting accurate trivia question and quiz content. . However, FunTrivia does not warrant that
any trivia content is accurate, complete, reliable, current, or error-free. In most instances, trivia content on
FunTrivia.com has been submitted by other Subscribers, and has not been verified or thoroughly researched, and
inaccuracies are very likely to exist. FunTrivia.com is NOT a researched encyclopedia.
It is ultimately
your responsibility to check and validate any content originating from FunTrivia.com. We provide our content for
entertainment purposes only. FunTrivia is not responsible for the accuracy of trivia questions and is
not responsible for problems that may arise from the use of incorrect or incomplete trivia questions,
either on the FunTrivia.com website or used externally, whether used under license or otherwise.
(2) SERVICES. FunTrivia does not guarantee continuous, uninterrupted or secure access to FunTrivia services. The operation of the FunTrivia Web
Site may be interfered with by numerous factors both inside and outside of FunTrivia' control, and some interruption of services
may occur. FunTrivia provides you with access to a variety of resources, including trivia gaming, personal trivia tournaments, subscription services, images and information posted by FunTrivia or Members, product information, communication forums, chat rooms, and other services (collectively "Services"). The Services,
including any updates, enhancements, new features, and/or the addition of any new Web properties or Services, are subject to
the TOU. Some of the Services are available for use without FunTrivia by the general public, and other of the Services are
limited to use by Subscribers.
(3) USE LIMITATION. Unless otherwise specified, the Services are for your personal use, and may not be used for commercial purposes except as
provided in the TOU.
- You may not reproduce, alter, modify, copy, distribute, transmit, display, perform, publish, license,
create derivative works from, transfer, or sell any information, images, software, products or services obtained from the
- You may direct others to the FunTrivia Web Site to view information or images.
- Any reproduction or redistribution
and criminal penalties.
Violators of FunTrivia' copyright will be prosecuted to the fullest extent of the law.
Any use of the
FunTrivia web site not in accordance with the TOU, shall subject the Subscriber to termination of the Subscription Agreement and
the License Agreement, and may subject the Subscriber to loss of use of the FunTrivia Web Site. Any use of the FunTrivia Web Site
in violation of the TOU by any person may subject such person to loss of use of the FunTrivia Web Site.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER MEDIA, OR COPYING OR REPRODUCTION OF THE
SOFTWARE TO ANY SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION
OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE
AGREEMENT, FUNTRIVIA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, WHETHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, AND INCLUDING ALL WARRANTIES AND CONDITIONS OF FITNESS
FOR A PARTICULAR PURPOSE, AND INCLUDING ALL WARRANTIES OF TITLE, AND INCLUDING ALL WARRANTIES OF NON-INFRINGEMENT.
FunTrivia MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD.
SUCH TOOLS AND UTILITIES ARE PROVIDED FOR YOUR CONVENIENCE ONLY, AND FUNTRIVIA DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE
ACCURACY OF THE RESULTS OR OUTPUT FROM USE OF SUCH TOOLS AND UTILITIES. YOU ARE RESPONSIBLE FOR ANY FAILURE BY YOU TO RESPECT
THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE THROUGH THE SERVICES OR IN
FunTrivia SOFTWARE PRODUCTS.
(4) UNLAWFUL OR PROHIBITED USE. You agree that you will not use the Services for any purpose that is unlawful or prohibited by the TOU, and you agree that
it shall be a condition of your use of the Services that you comply with the TOU. You may not use the Services in any
manner that could damage, disable, overburden, impair or deny Services to any FunTrivia server, or the network(s) connected
to any FunTrivia server, or interfere with any other user's use and enjoyment of any Services. You may not attempt to gain
unauthorized access to any Services, other accounts, Personal Information of any other user, computer systems or networks
connected to any FunTrivia server or to any of the Services, through hacking, cracking, password mining or any other means.
You may not obtain or attempt to obtain any materials, images, or information through any means not intentionally made
available through the Services. You may not use any emailing feature to spam another member or email address.
Individuals who have been banned for infringements do NOT have permission to access our servers. Such individuals may be in breach of
computer crime laws.
(5) NOTICE ON PERSONAL USE OF DOCUMENTS AVAILABLE ON THIS WEB SITE. Permission to use Documents (such as readme text files, help files, press releases, e-mails to Subscribers and FAQs,
information and images posted by Subscribers, but excluding design or layout of the FunTrivia Web site or any other FunTrivia
owned, operated, licensed or controlled Web site) from the Services is granted, provided that
- the copyright notice and the
FunTrivia Web Site URL appears in all copies and that both the copyright notice and this permission notice appear,
- use of
such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted
on any Web site, network computer or broadcast in any media, and
- no modifications of any Documents are made. Use for any
other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties.
Violators will be
prosecuted to the maximum extent possible.
Permission to use Documents specified above does not include the design or layout of the FunTrivia Web site or any other
FunTrivia owned, operated, licensed or controlled Web site. Elements of the FunTrivia Web Site are protected by trade dress,
trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound
or image from any FunTrivia Web Site may be copied or retransmitted unless expressly permitted by FunTrivia.
FUNTRIVIA AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE
DOCUMENTS, OR IN IMAGES OR INFORMATION POSTED BY SUBSCRIBERS, OR RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY
PURPOSE. ALL SUCH DOCUMENTS, IMAGES, INFORMATION, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND. FUNTRIVIA AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL FUNTRIVIA AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION
OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR ACCURACY OF INFORMATION
AVAILABLE FROM THE SERVICES. YOU ARE RESPONSIBLE FOR INDEPENDENTLY VERIFYING ALL INFORMATION AVAILABLE FROM THE SERVICES, AND
YOU AGREE TO USE THE INFORMATION AVAILABLE FROM THE SERVICES AT YOUR OWN RISK.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FUNTRIVIA AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. FunTrivia DOES NOT HOLD ITSELF OUT AS A
''CENSOR'' OR ''MONITOR'' AND DOES NOT MONITOR THE CONTENT OF INFORMATION, DATA, OR IMAGES UPLOADED BY SUBSCRIBERS OR WHICH
MAY BE POSTED TO THE FUNTRIVIA WEB SITE OR DATABASE (INCLUDING ANY CHAT ROOMS OR BULLETIN BOARDS WHICH MAY IN THE FUTURE BE
ESTABLISHED ON THE FUNTRIVIA WEB SITE) BY SUBSCRIBERS OR THE GENERAL PUBLIC. FunTrivia DISCLAIMS ALL RESPONSIBILITY FOR ANY
MATERIAL UPLOADED TO OR POSTED ON THE FUNTRIVIA WEB SITE OR DISCUSSED OR POSTED ON SUCH CHAT ROOM OR BULLETIN BOARD, AND YOU
ARE RESPONSIBLE FOR INDEPENDENT VERIFICATION OF THE ACCURACY OF SUCH MATERIAL.
(6) NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE. IN NO EVENT SHALL FUNTRIVIA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, LOSS OF DATA OR LOSS OF PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR
OTHER TORTIOUS ACTION, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEB SITE, FUNTRIVIA
SOFTWARE, OR ANY DOCUMENTS OR MATERIALS POSTED TO THIS WEB SITE, OR PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR
INFORMATION AVAILABLE FROM THE SERVICES.
(7) RIGHT TO CHANGE THE SITE. FunTrivia may discontinue, edit, delete or change any aspect of the Web Site, including, but not limited to: (i) restricting
availability times, (ii) restricting compatibility with certain computer software or hardware, (iii) restricting amounts of
use permitted, (iv) removing or changing content, features, or material available on the Web Site, and (v) restricting,
suspending or terminating any user's privillege to use the Web Site, at FunTrivia' sole discretion, and without prior notice or
(8) SUBSCRIBER ACCOUNT SECURITY RESPONSIBILITIES. If any of the Services requires you to sign up, you must complete the registration process by providing us with current,
complete and accurate information as prompted by the applicable registration form, and by so doing you open an account with
FunTrivia. In opening an account, you also will choose or be assigned a password and a user name. You are solely and
exclusively responsible for maintaining the confidentiality of your password and user name, and you are solely and
exclusively responsible for any and all activities that occur under your account or through access gained by use of your
password and user name. You agree to notify FunTrivia immediately of any unauthorized use of your account or any other
breach of security. FunTrivia will not be liable for any loss that you may incur as a result of someone else using your
password or account or gaining access to personal information you submit to the website, either with or without your knowledge. However,
you could be held liable for losses incurred by
FunTrivia or another party due to someone else using your account or password. You may not use anyone else's account at any
time, without the permission of the account holder.
(9) CONTENT CONTRIBUTION AND COMMUNICATIONS . The Services may include e-mail services, the creation of trivia quizzes, bulletin board services, chat areas, and/or other message or communication
facilities designed to enable you to communicate with others (each a form of "Content Contribution" or "Communication" ). You agree to use the Services only to post, send and
receive messages and material that are proper and, when applicable, related to the particular Communication Service. By
way of example, and not as a limitation, you agree that when using the Services or the Communication Services, you will
not submit, upload, send or post:
- Software or executable programs of any kind;
- Material protected by intellectual property laws (or by rights of privacy or publicity), including, by way of
example, and not as limitation, copyright, patent, or trademark laws unless you own or control the rights thereto or have
received all necessary consent to do the same by such other parties;
- Material or statements which contain vulgar, obscene, or indecent statements or graphical images;
- Defamatory or abusive statements;
- Statements which threaten the person or property of others;
or other forms of solicitation, including but not limited to offers to
buy or sell, surveys, contests, pyramid schemes, chain letters, junk
email, spamming or any duplicative or unsolicited messages (commercial
- Statements which are insulting, bigoted, hateful, racially offensive, disrespectful of any ethnic group, any
religion or religious group, disrespectful of any nationality, nation, or region of origin, disrespectful of any gender
or sexual orientation, or which endorse or advocate illegal or immoral activity;
- Statements or material which harasses, stalks, threatens or otherwise violates the legal rights (such as rights
of privacy and publicity) of others;
- Statements about any other subscriber or the employees of any subscriber;
- Statements about FunTrivia or any employee or volunteer of FunTrivia;
- Material or statements which are inaccurate, misleading, or fraudulent.
and that you will not:
- Use any material or information, including images or photographs, which are made available through the Services in
any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
- Upload files that contain viruses, Trojan horses, worms, bots, time bombs, cancelbots, corrupted files, or any other
similar software, programs, or files that may damage the operation of another's computer or property of another, or hinder
the use of FunTrivia Services.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be
legally reproduced, displayed, performed, and/or distributed in such manner.
or delete any copyright management information, such as author
attributions, legal or other proper notices or proprietary designations
or labels of the origin or source of software or other material
contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses;
- Violate any applicable laws or regulations;
- Create a false identity for the purpose of misleading others;
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the
Services or other user or usage information or any portion thereof.
FunTrivia has no obligation to monitor the Services or the
Communication Services. However, FunTrivia reserves the right to review
materials uploaded to the FunTrivia database or posted to the
Communication Services and to remove any materials in its sole
FunTrivia reserves the right to terminate your access to any
or all of the Communication Services at any time, without notice, for
any reason whatsoever.
FunTrivia takes absolutely no responsibility for any damages that may result to a user from the material that the user contributes on FunTrivia, including message board posts and quiz content.
Always use caution when giving out any personally identifiable information about yourself or your family members in use of any
Communication Services. FunTrivia does not control or endorse the content, messages or information found in any Services or
Communication Services and, therefore, FunTrivia specifically disclaims any liability with regard to the Communication Services
and any actions resulting from your participation in any Services or Communication Services, and you agree that you waive any
claims against FunTrivia relating to same, and to the extent such waiver may be ineffective, you agree to release any claims
against FunTrivia relating to same.
Users of Services and Communications Services, including any moderators or administrators, are not authorized
FunTrivia representatives or agents, and their opinions or statements do not necessarily reflect those of FunTrivia, and they are
not authorized to bind FunTrivia to any contract.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or
dissemination; you are responsible for adhering to such limitations if you download the materials.
message board posts and in their profiles, and these images may be located on a 3rd party server that FunTrivia has no control over. FunTrivia will remove links to any such copyrighted
images on request.
Some images on the FunTrivia.com website are used under a Creative Commons license.
(11) INFORMATIONAL CONTENT DISCLAIMER - MATERIALS PROVIDED TO FUNTRIVIA
OR POSTED AT ANY FUNTRIVIA WEB SITE. FunTrivia does not claim responsibility for views, expressions, and
content of materials that you or
any Subscriber may provide, post, upload, input or submit to FunTrivia (including quizzes, feedback items, and
However, by posting, uploading,
inputting, providing or submitting ("Posting") your Submission you are granting FunTrivia, its affiliated companies
and necessary sublicensees exclusive permission to use your Submission, permanently and without
restriction, in connection with the operation of their Internet businesses
(including, without limitation, all FunTrivia Services), including, without limitation, the license rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, sell, translate and reformat your Submission; to publish your name or associated username/alias in
connection with your Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of your Submission, as provided herein.
FunTrivia is under no obligation
to post or use any Submission you may provide and FunTrivia may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission,
including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by
Posting a Submission you warrant and represent that
- (a) you are the
copyright owner of Posted content, or that the copyright owner of such
content has granted you permission to use such content and/or images
contained in such submission consistent with the manner and purpose of
- (b) you have the rights necessary to grant the licenses and
- (c) that any person or product owner
depicted in such submissions, if any, has provided consent to the use
of example, and not as a limitation, the distribution, public display
and reproduction of such content.
By Posting Images, you are granting
(a) to all Subscribers (for each such Images available to Subscribers),
and/or (b) to the general public (for each such Images available
anywhere on the Services, other than Web pages or Services restricted
to Subscribers), permission to use your Images in connection with the
(including, by way of example, and not as a limitation, making prints
and gift items which include such Images), and including, without
limitation, a non-exclusive, world-wide, royalty-free license to: copy,
distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Images without having your name
attached to such Images, and the right to sublicense such rights to any
supplier of the Services.
The licenses granted in the preceding
sentences for Images will terminate at the time you completely remove
such Images from the Services, provided that, such termination shall
not affect any licenses granted in connection with such Images prior to
the time you completely remove such Images. No compensation will be
paid with respect to the use of your Images or Posted content.
FUNTRIVIA DOES NOT HOLD ITSELF OUT AS A ''CENSOR'' OR ''MONITOR''
AND DOES NOT MONITOR THE CONTENT OF INFORMATION, DATA, OR IMAGES
UPLOADED BY SUBSCRIBERS OR WHICH MAY BE POSTED TO THE FUNTRIVIA WEB SITE
OR DATABASE (INCLUDING ANY CHAT ROOMS OR BULLETIN BOARDS WHICH MAY IN
THE FUTURE BE ESTABLISHED ON THE FUNTRIVIA WEB SITE) BY SUBSCRIBERS OR
THE GENERAL PUBLIC. FUNTRIVIA DISCLAIMS ALL RESPONSIBILITY FOR ANY
MATERIAL UPLOADED TO OR POSTED ON THE FUNTRIVIA WEB SITE OR DISCUSSED OR
POSTED ON SUCH CHAT ROOM OR BULLETIN
(12) OTHER SUBSCRIBERS & SOCIAL INTERACTIONS. FunTrivia makes no guarantees about the veracity of information that
other Subscribers may post about themselves either publicly or via private message. We do not verify ages, names, locations, or facts from other users. It is your responsibility to
protect yourself when interacting with other Subscribers.
FunTrivia is not responsible for any claims arising from inter-personal interactions that you may have with
other people as a result of meeting them on FunTrivia.
FunTrivia has absolutely no control or say in the interpersonal relationships that players form with
one another. Sharing personal information with anyone, at any time, on any website, is a personal
decision that lies entirely with the participants, and carries with it obvious risks.
(13) NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT OR OFFENSIVE MATERIAL. FunTrivia takes infringement and plagiarism on its website seriously. If a Subscriber does post material for which you own the copyright to, we will gladly remove it from the FunTrivia website upon request.
To expedite the Digital Millennium
Copyright Act ("DMCA")'s copyright infringement process, we recommend that you simply report an infringement here: select "Use of FunTrivia Content >
Infringement", and we will investigate as soon as possible, and will immediately remove any offending material
for which you show sufficient evidence of infringement.
If you desire the more formalized process, FunTrivia processes, investigates, and responds to notifications of
alleged infringement in accordance with the Digital Millennium
Copyright Act ("DMCA") and other applicable intellectual property laws.
Upon receipt of notices complying or substantially complying with the
DMCA, FunTrivia will act expeditiously to remove or disable access to
any material claimed to be infringing or claimed to be the subject of
infringing activity and will act expeditiously to remove or disable
access to any reference or link to material or activity that is claimed
to be infringing. FunTrivia will terminate access for any Members who
are repeat infringers.
If FunTrivia removes or disables access to any of the materials that are
claimed to be infringing, FunTrivia may attempt to contact the owner of
such materials in order to give such owner an opportunity to respond to
the notification, although FunTrivia makes no promise to do so. Any and
all counter notifications submitted by such owner will be furnished to
the complaining party. FunTrivia will give the complaining party an
opportunity to seek judicial relief in accordance with the DMCA before
FunTrivia replaces or restores access to any material as a result of any
FunTrivia will respond to all other notifications of claimed
infringement of intellectual property rights in accordance with
Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement related to FunTrivia
must be a written communication addressed to the designated agent as set forth above, and must include substantially all of the
- A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of an exclusive right that
is allegedly infringed;
- Specific identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by
a single notification, a list of each copyrighted work claimed to have been infringed;
- Information related to the work(s) reasonably sufficient for FunTrivia to promptly locate the work (e.g. title of work, location
within the Website, etc.);
- Information reasonably sufficient to permit FunTrivia to directly contact the complaining party, such as a complete name and
address, telephone number, and an email address;
- A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not
authorized by the copyright owner, its agent, or the law;
- A statement requesting that FunTrivia take a specific act with respect to the alleged infringement (e.g., removal, access
restriction or disablement); and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
TRADEMARKS AND NAMES. Some Funtrivia quizzes use the names of famous people, places,
products, and large companies in trivia questions, and such trademarks may be mentioned in other Services, such as message boards. If
you disapprove of a trademark's use on FunTrivia.com, or happen to be the subject of trivia questions (i.e. an actor, recording artist,
etc) and wish trivia about you to be removed, please report it here and we will remove the content.
INAPPOPRIATE CONTENT. We do our best to ensure that hateful, disrespectful, profane, or
otherwise inapporpriate material stays off FunTrivia. In addition to basic profanity filters, some parts of the website are lightly
moderated by volunteers. Still, there is always the possibility that such content will make its way onto our website. Please report it here and we will remove the content and
deal with the offending user expeditiously.
(14) GOLD ("UPGRADED") MEMBERSHIP. FunTrivia Gold Membership is a set of features that are provided for a small subscription fee. This set of features
is subject to change at any time and features may be added or removed at any time. Gold members are bound by all terms and
conditions in this document. FunTrivia reserves the right to cancel a gold membership subscription without refund for any breach of
these conditions of use. FunTrivia does not offer any guarantees about server uptime or reliability for gold members. Multiple
billings or technical issues as a result of the billing process must be reported within 18 days so that a refund can be issued if
required. A Gold Member may request a full refund within 2 weeks of signing up, as part of our "Satisfaction Guaranteed"
promise. Other than this 2 week grace period, gold memberships are
either in full or in part.
members will receive no special treatment from
FunTrivia editors; FunTrivia treats all quiz submissions equally, as the quality of submissions and the integrity of our editing process has nothing to do with paid membership. The current list of Gold Membership features is listed here, and this list is subject to change.
(15) PRIVATE/PERSONAL TOURNAMENTS. FunTrivia.com private tournaments allow visitors to create their own virtual
tournaments on FunTrivia.com. The basic service is free of charge and supported by advertising. By signing up for a tournament, a user gains no
special rights outside of this document. Users may link to his or her tournament and may configure the tournament. FunTrivia makes no guarantees on the
availability of tournaments or accuracy of trivia content. FunTrivia reserves the right to change the features of the tournaments at any time, cancel or
terminate tournaments, or discontinue the tournaments entirely. The login names and IP addresses of participating
players are visible to the player who
runs each tournament, so that the owner may lock out abusive users when the need arises. All players registering as part of a Private Tournament are
subject to the terms and conditions of this document.
(16) THIRD PARTY SERVICES AND NOTICES:
The following features are operated or provided by third parties.
ECOMMERCE: TRIVIA QUIZ NIGHT "PACKS". Trivia Quiz Night packs, through the Quiz Night Wizard, are sold by the Australian company, "3 Streets Trivia" on FunTrivia.com under a commission arrangement. "3 Streets Trivia" at 3streetstrivia.com is responsible for all sales, support, product contents, wizard content,, and user privacy. All payment processing is handled through 3streetstrivia.com. FunTrivia.com simply links to their product, and is in no way responsible for the product or the sale thereof. Please contact 3streetstrivia.com for sales support and questions.
Word Database used in some of our Word Games WordNet 3.0 Copyright 2006 by Princeton University. All
THIS SOFTWARE AND DATABASE IS PROVIDED "AS IS" AND PRINCETON UNIVERSITY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF
EXAMPLE, BUT NOT LIMITATION, PRINCETON UNIVERSITY MAKES NO REPRESENTATIONS OR WARRANTIES OF MERCHANT- ABILITY OR FITNESS FOR ANY PARTICULAR
PURPOSE OR THAT THE USE OF THE LICENSED SOFTWARE, DATABASE OR DOCUMENTATION WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS
OR OTHER RIGHTS.
(17) HYPERLINK DISCLAIMER - LINKS TO THIRD PARTY SITES. THE LINKS TO THIRD PARTY SITES WILL RESULT IN DEPARTURE FROM
FUNTRIVIA SITE. THE SITES TO WHICH THE LINKS LEAD ARE NOT UNDER THE
CONTROL OF FUNTRIVIA AND FUNTRIVIA IS NOT RESPONSIBLE FOR THE CONTENTS OF
ANY LINKED SITE OR OF ANY SITE LINKED BY A LINK CONTAINED IN A LINKED
SITE, OR FOR ANY CHANGES OR UPDATES TO SUCH SITES, OR REDIRECTION OF
SUCH LINKS. FunTrivia IS NOT RESPONSIBLE FOR STREAMING OR WEB CASTING OR
ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. FunTrivia
IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE
INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY FUNTRIVIA OF THE
SITE TO WHICH THE LINK LEADS, OR OF ITS CONTENT.
(18) UNSOLICITED IDEA SUBMISSION POLICY. FUNTRIVIA AND ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED
IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS,
NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR
NEW PRODUCT NAMES. DO NOT SEND ANY ORIGINAL SOFTWARE CODE, IMAGES,
IDEAS, BUSINESS PLANS, PRO FORMA'S, OR OTHER WORKS. THIS POLICY IS
INTENDED TO AVOID MISUNDERSTANDINGS OR DISPUTES IF FunTrivia' PRODUCTS
OR MARKETING STRATEGIES APPEAR SIMILAR TO IDEAS SUBMITTED TO FUNTRIVIA,
THEREFORE DO NOT SEND YOUR UNSOLICITED IDEAS TO FUNTRIVIA OR ANYONE AT
FUNTRIVIA. IF, NOTWITHSTANDING THIS POLICY, YOU SEND YOUR IDEAS OR
MATERIALS, PLEASE UNDERSTAND THAT FUNTRIVIA MAKES NO ASSURANCES THAT
YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR
(19) TRADEMARKS NOTICE.
TRADEMARKS AND SOFTWARE COPYRIGHTS: Fun Trivia, FunTrivia, FunTrivia.com, "The World's Largest Trivia Website", and the graphic
associated with each are trademarks of FUN TRIVIA, INC.. Any rights not expressly granted herein are reserved.
Some images are Copyright 2000-2010 Jupiterimages Corporation, and are used on FunTrivia under license. Other images are used under Creative Commons licenses.
(20). INDEMNIFICATION: A. You agree to defend, indemnify, and hold harmless FunTrivia, Inc, and its owners,
operators, officers, directors, employees, affiliates, assigns, and agents, from and against any and all actions, claims,
damages, obligations, losses, liabilities, costs or debt, and expenses (including without limitation attorneys' fees) arising
from or in connection with: (i) your use of and access to the Website; (ii) your violation of any term or provision of these
Terms of Service; (iii) your failure to abide by applicable local, state, federal, and international law; (iv) your violation of
any third party right, including without limitation any copyright, trademark, property, or privacy right; (v) any claim that one
of your User Submissions caused damage to a third party; or (vi) any breach of any representation, warranty, or agreement made by
you in these Terms of Service. This defense and indemnification obligation survives these Terms of Service and your use of the
B. You hereby release and waive any and all claims, liability, and causes of action against FunTrivia arising from or in
with your use of the Website.
(21). LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL FUNTRIVIA, ITS OWNERS, OPERATORS, OFFICERS, DIRECTORS,
EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES
WHATSOEVER RESULTING FROM ANY (1) USE OR INABILITY TO USE FUNTRIVIA, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON
AVAILABLE ON FUNTRIVIA, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR
TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE; (2) ERRORS,
MISTAKES, OPINIONS, OR INACCURACIES WITH REGARD TO INFORMATION AVAILABLE ON FUNTRIVIA, (3) PERSONAL INJURY OR PROPERTY DAMAGE, OF
ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (4) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (5) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE WEBSITE, (6) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH
OUR WEBSITE BY ANY THIRD PARTY, AND/OR (7) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED
AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED
ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FUNTRIVIA IS ADVISED OF THE POSSIBILITY OF SUCH
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU
SPECIFICALLY ACKNOWLEDGE THAT FUNTRIVIA SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT
OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
B. The Website is controlled and offered by FunTrivia from its facilities in the United States of America. FunTrivia makes no
representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from
other jurisdictions do so at their own volition and are responsible for compliance with local law.
(22) NO AGENCY. You and FunTrivia are not engaged in any agency,
venture, employee-employer, franchisee-franchiser or other type of
relationship and no such relationship(s) are intended or created by
this TOU, and no such relationship(s) may be created by any use of the
Services by you, or by response by you to any information or statement
of FunTrivia which may appear on the FunTrivia Website, or by response by
FunTrivia to any material posted by you on the FunTrivia Website, or by
any failure of FunTrivia to respond to any material posted by you on the
FunTrivia Website or any other communications from you, and such
relationship(s) may be created only by a written agreement signed by an
authorized officer of FUN TRIVIA, INC..