Utterly False Trivia Terms of Service

(Effective as of May 15, 2015)

Welcome to the Utterly False Trivia website (the “Website”). The following Terms of Service apply when you view, use, or submit content to the Website. Please review the following terms carefully. By accessing or using the Website, you signify your agreement to these Terms of Service. If you do not agree to these Terms of Service, do not access or use the Website.

The Website is owned and operated by Who2, LLC (the “Publisher”). Please refer to the Utterly False Trivia Privacy Policy, which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Website, you signify your agreement to this Privacy Policy.

REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE

You must be at least 13 years old to register for and use the Website.

If you are a user who signs up for the Website, you will create a personalized account which includes a unique username and a password to access the Website and to receive messages from the Publisher. You agree to notify us immediately of any unauthorized use of your password and/or account. The Publisher will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.

POSTING AND CONDUCT RESTRICTIONS

When you create your own personalized account, you may be able to provide your own false trivia items or other content (“Submissions”). You are solely responsible for the Submissions that you post, upload, link to or otherwise make available via the Website. The Publisher reserves the right to remove any Submissions from the Website at its discretion.

By making one or more Submissions to Utterly False Trivia, you assign to the Publisher all rights, title and interests, including copyrights, in the Submissions.

The Publisher has no obligation (i) to keep any Submissions confidential; (ii) to pay you or anyone any compensation for any Submissions or for using any Submissions; or (iii) to respond to or acknowledge any Submissions.

Your Submissions constitute your irrevocable and perpetual permission and consent, without further compensation or attribution, for us to use, reproduce, print, publish, transmit, distribute, sell, perform, adapt, enhance, or display such Submissions for any purpose, including but not limited to editorial, advertising, trade, commercial, and publicity purposes by the Publisher, and/or others authorized by the Publisher, in any and all media now in existence or hereinafter created, throughout the world.

The Publisher shall have the right to edit, adapt, and modify any Submissions.

You also agree that:

You will not post information that is malicious, abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
You hereby affirm we have the right to determine whether any of your Submissions are appropriate and comply with these Terms of Service, remove any and/or all of your Submissions, and terminate your account with or without prior notice.
You will not use the Website for any unlawful purpose or for the promotion of illegal activities;
You will not provide false or inaccurate information about yourself when registering an account;
You will not use another user’s account without permission.

You understand and agree that any liability, loss or damage that occurs as a result of the use of any Submissions that you make available or access through your use of the Website is solely your responsibility. The Publisher is not responsible for any public display or misuse of your Submissions. At our discretion, we, or technology we employ, may monitor and/or record your interactions with the Website.

ONLINE CONTENT DISCLAIMER

Opinions, advice, statements, offers, or other information or content made available through the Website, but not directly by the Publisher, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Publisher does not guarantee the accuracy, completeness, or usefulness of any information on the Website and neither does the Publisher adopt nor endorse, nor is the Publisher responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Publisher. The Publisher takes no responsibility and assumes no liability for any Submissions that you or any other user or third party posts or sends over the Website. Under no circumstances will the Publishers be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Website, or transmitted to users.

Though the Publisher strives to enforce these Terms of Service, you may be exposed to Submissions that are objectionable. The Publisher reserves the right, but has no obligation, to monitor the materials posted in the public areas of the service or to limit or deny a user’s access to the Website or take other appropriate action if a user violates these Terms of Service or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. The Publisher shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our Website, please contact us at [email protected].

LINKS TO OTHER SITES AND/OR MATERIALS

As part of the Website, the Publisher may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Website subscribers. The Publisher has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Publisher, and the Publisher is not responsible for any Third Party Sites accessed through the Website or any Third Party Applications, Software or Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Publisher. If you decide to leave the Website and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website or relating to any applications you use or install from the Website.

(a) Termination of Repeat Infringer Accounts. The Publisher respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, the Publisher has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Website who are repeat infringers. The Publisher may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.

(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Website infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the Publishers at [email protected]:

The date of your notification;
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(c) Counter-Notices. If you believe that your Submission that has been removed from the Website is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your Submission, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

Your physical or electronic signature;
A description of the content that has been removed and the location at which the content appeared before it was removed;
A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Publisher’s copyright agent, the Publisher may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Publisher’s discretion) be reinstated on the Website in 10 to 14 business days or more after receipt of the counter-notice.

INTELLECTUAL PROPERTY

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Website, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Website may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you (a) consent to receive communications from the Publisher in an electronic form via the email address you have submitted; and (b) agree that all Terms of Service, agreements, notices, disclosures, and other communications that the Publisher provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

We may also use your email address, to send you other messages, including information about the Publisher and special offers. You may opt out of such email by changing your account settings or sending an email to [email protected]. Opting out may prevent you from receiving messages regarding the Publishers or special offers.

WARRANTY DISCLAIMER

THE WEBSITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE PUBLISHER EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE WEBSITE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE PUBLISHER MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE WEBSITE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

LIMITATION OF DAMAGES; RELEASE

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PUBLISHER, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR SUBMISSIONS; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE WEBSITE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE WEBSITE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE PUBLISHERS OR ANY OTHER USER OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PUBLISHERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

If you have a dispute with one or more users, or a merchant of a product or service that you mention or comment on using the Website, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

MODIFICATION OF TERMS OF USE

We may amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. It is your sole responsibility to check the Website from time to time to view any such changes in the Agreement. If you continue to use the Website, you signify your agreement to our revisions to these Terms of Service. However, we will notify you of material chances to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Publisher’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Publisher. No purported waiver or modification of this Agreement by the Publisher via telephonic or email communications shall be valid.

GENERAL TERMS

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Publisher to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

You agree that any cause of action related to or arising out of your relationship with the Publisher must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Terms of Service and your use of the Website are governed by the federal laws of the United States of America and the laws of the State of Oregon, without regard to conflict of law provisions.

The Publisher may assign or delegate these Terms of Service and/or the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without the Publisher’s prior written consent, and any unauthorized assignment and delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT http://www.utterlyfalsetrivia.com/privacy-policy REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.