Trivia Monkey

Trivia Monkey Terms of Service:

The following document is Trivia Monkey's Conditions of Use Agreement. This is a legal contract between you and Cyberwalker Media Inc. (Trivia Monkey). Please read the entire agreement carefully before accessing or using the Trivia Monkey website, affiliate sites, or any information, products, software, services or other features. Trivia Monkey 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may exist between you and Cyberwalker Media Inc. (Trivia Monkey) with respect to the following terms and conditions are superseded and of no force and effect.

A separate Privacy Statement document details how user data is used on Triviamonkey.com.

ACCEPTANCE OF TERMS:

This web site (the Triviamonkey.com web site) is owned by Cyberwalker Media Inc. The services that Cyberwalker Media Inc. (Trivia Monkey) provides to you are provided subject to the following Terms of Serive ("TOS"), and by accessing and using the Trivia Monkey web Site (http://www.triviamonkey.com/), you agree to them. Trivia Monkey reserves the right to amend and update the TOS at any time without notice to you. The most current version of the TOS can be reviewed by clicking on the “Terms of Service” hypertext link located at the bottom of our web pages. Each time that you access or use the Triviamonkey.com web site, you re-affirm your consent to the then-existing terms of use.

COPYRIGHT POLICY:

Trivia Monkey content (text and images, including all trivia questions, quizzes, and game results) are copyrighted under U.S. and International law, you therefore you agree not to electronically copy or redistribute any content from the Trivia Monkey web site, including, but not limited to, trivia quizzes, game questions, trivia questions, and forum posts. In addition, source Trivia Monkey HTML files, templates, and application server templates are copyrighted and may not be copied or modified. Trivia Monkey takes copyright infringement very seriously, and actively protects its content to the fullest extent of the law. Copyright © 2009 Cyberwalker Media Inc. - All rights reserved.

TRIVIA QUESTION ACCURACY:

This applies to our publicly available content AND our trivia question products: Trivia Monkey aims to be as accurate as possible when it comes to presenting accurate trivia question and quiz content. However, Trivia Monkey does not warrant that any trivia content is accurate, complete, reliable, current, or error-free. In most instances, trivia content on Triviamonkey.com has been submitted by other Subscribers, and has not been verified or thoroughly researched, and inaccuracies are highly likely to exist. Triviamonkey.com is NOT a researched encyclopedia. It is ultimately your responsibility to check and validate any content originating from Triviamonkey.com. We provide our content for entertainment purposes only.

(1) USE & ELIGIBILITY REQUIREMENTS.

By visiting the Trivia Monkey web site, you consent to the following conditions. Trivia Monkey may, at its discretion, terminate your account, deny you eligibility to prizes, or deny you access to the Triviamonkey.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.
Trivia Monkey content is not guaranteed for accuracy or completeness.
You may not create more than one Trivia Monkey account for yourself, or any other person.
You agree not to attempt to reverse engineer, breech security measures of or otherwise access Trivia Monkey for reasons other than standard game play.
Trivia Monkey 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 Trivia Monkey.
You may not use any data mining, information gathering or other automated mechanisms while connected to the Trivia Monkey web site.
You agree that Trivia Monkey may, for any reason and without notice, terminate your account at any time.
You may not use Trivia Monkey in any way to promote a web site, product or service.
You may not share any content or answers found within Trivia Monkey games with other users to achieve an unfair advantage.
You agree to behave in a mature manner in all communications.
You agree to and understand that Trivia Monkey uses IP address logging and may use certain 3rd parties to verify your compliance to these terms.
Trivia Monkey may terminate your account at any time without notice for any reason at its sole discretion.

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. Trivia Monkey does NOT allow users under 13 years of age to register for an account or use the Triviamonkey.com website alone.

(2) SERVICES.

Trivia Monkey does not guarantee continuous, uninterrupted or secure access to Trivia Monkey services. The operation of the Trivia Monkey Web Site may be interfered with by numerous factors both inside and outside of Trivia Monkey's control, and some interruption of services may occur. Trivia Monkey provides you with access to a variety of resources, including trivia gaming, personal trivia tournaments, subscription services, images and information posted by Trivia Monkey 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 TOS. Some of the Services are available for use without Trivia Monkey 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 TOS.

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 Services.
You may direct others to the Trivia Monkey Web Site to view information or images.
Trivia Monkey is made available solely for use according to these terms of use.
Any reproduction or redistribution of Trivia Monkey properties not in accordance with these terms of use is expressly prohibited by law, and may result in severe civil and criminal penalties.

Violators of Trivia Monkey's copyright will be prosecuted to the fullest extent of the law.

Any use of the Trivia Monkey web site not in accordance with the TOS, 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 Trivia Monkey Web Site. Any use of the Trivia Monkey Web Site in violation of the TOS by any person may subject such person to loss of use of the Trivia Monkey 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, Trivia Monkey 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. Trivia Monkey 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 Trivia Monkey 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 Trivia Monkey 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 TOS, and you agree that it shall be a condition of your use of the Services that you comply with the TOS. You may not use the Services in any manner that could damage, disable, overburden, impair or deny Services to any Trivia Monkey server, or the network(s) connected to any Trivia Monkey 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 Trivia Monkey 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.

(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 Trivia Monkey Web site or any other Trivia Monkey owned, operated, licensed or controlled Web site) from the Services is granted, provided that

the copyright notice and the Trivia Monkey 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 Trivia Monkey Web site or any other Trivia Monkey owned, operated, licensed or controlled Web site. Elements of the Trivia Monkey 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 Trivia Monkey Web Site may be copied or retransmitted unless expressly permitted by Trivia Monkey.

Trivia Monkey 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. Trivia Monkey 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 Trivia Monkey 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. Trivia Monkey 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. Trivia Monkey 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 Trivia Monkey web site or database (including any chat rooms or bulletin boards which may in the future be established on the Trivia Monkey web site) by subscribers or the general public. Trivia Monkey disclaims all responsibility for any material uploaded to or posted on the Trivia Monkey 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 Trivia Monkey 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, Trivia Monkey 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.

Trivia Monkey 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 Trivia Monkey' sole discretion, and without prior notice or liability.

(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 Trivia Monkey. 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 Trivia Monkey immediately of any unauthorized use of your account or any other breach of security. Trivia Monkey will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Trivia Monkey 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;
Advertising 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 or otherwise);
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 Trivia Monkey or any employee or volunteer of Trivia Monkey;
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 Trivia Monkey 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.
Falsify 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.

Trivia Monkey has no obligation to monitor the Services or the Communication Services. However, Trivia Monkey reserves the right to review materials uploaded to the Trivia Monkey database or posted to the Communication Services and to remove any materials in its sole discretion.

Trivia Monkey reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

Trivia Monkey takes absolutely no responsibility for any damages that may result to a user from the material that the user contributes on Trivia Monkey, 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. Trivia Monkey does not control or endorse the content, messages or information found in any Services or Communication Services and, therefore, Trivia Monkey 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 Trivia Monkey relating to same, and to the extent such waiver may be ineffective, you agree to release any claims against Trivia Monkey relating to same.

Users of Services and Communications Services, including any moderators or administrators, are not authorized Trivia Monkey representatives or agents, and their opinions or statements do not necessarily reflect those of Trivia Monkey, and they are not authorized to bind Trivia Monkey 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.

(10) IMAGES ON TRIVIA MONKEY.

No image on the Triviamonkey.com website may be copied or distributed. Some users are able to set "avatars" on message board posts and in their profiles, and these images may be located on a 3rd party server that Trivia Monkey has no control over. Trivia Monkey will remove links to any such copyrighted images on request.

(11) INFORMATIONAL CONTENT DISCLAIMER - MATERIALS PROVIDED TO TRIVIA MONKEY OR POSTED AT ANY TRIVIA MONKEY WEB SITE.

Trivia Monkey does not claim responsibility for views, expressions, and content of materials that you or any Subscriber may provide, post, upload, input or submit to Trivia Monkey (including quizzes, feedback items, and suggestions) ("Submissions").

However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Trivia Monkey, 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 Trivia Monkey 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.

Trivia Monkey is under no obligation to post or use any Submission you may provide and Trivia Monkey 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 your use and as otherwise permitted by these Terms of Use and the Services,
(b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and
(c) that any person depicted in such submissions, if any, has provided consent to the use of their likeness as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such content.

(12) OTHER SUBSCRIBERS & SOCIAL INTERACTIONS.

Trivia Monkey 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 be skeptical of other users and any information that they post or contribute. Trivia Monkey 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 Trivia Monkey.

(13) NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT OR OFFENSIVE MATERIAL.

Trivia Monkey 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 Trivia Monkey website upon request.

To expedite the Digital Millennium Copyright Act ("DMCA")'s copyright infringement process, we recommend that you simply report an infringement here, and we will investigate as soon as possible, and will immediately remove any offending material.

If you desire a more formalized process, Trivia Monkey 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, Trivia Monkey 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. Trivia Monkey will terminate access for any Members who are repeat infringers. Notices of claimed infringement should be directed to:

Registered Copyright Agent
Cyberwalker Media Inc.

Contact Us

If Trivia Monkey removes or disables access to any of the materials that are claimed to be infringing, Trivia Monkey may attempt to contact the owner of such materials in order to give such owner an opportunity to respond to the notification, although Trivia Monkey makes no promise to do so. Any and all counter notifications submitted by such owner will be furnished to the complaining party. Trivia Monkey will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before Trivia Monkey replaces or restores access to any material as a result of any counter notification. Trivia Monkey will respond to all other notifications of claimed infringement of intellectual property rights in accordance with applicable laws. Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement related to Trivia Monkey must be a written communication addressed to the designated agent as set forth above, and must include substantially all of the following:

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 Trivia Monkey to promptly locate the work (e.g. title of work, location within the Website, etc.);
Information reasonably sufficient to permit Trivia Monkey 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 Trivia Monkey 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 Trivia Monkey 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 Triviamonkey.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. Most companies and individuals are happy to be referenced on our site!

(14) HYPERLINK DISCLAIMER - LINKS TO THIRD PARTY SITES.

The links to third party sites will result in departure from Trivia Monkey site. The sites to which the links lead are not under the control of Trivia Monkey and Trivia Monkey 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. Trivia Monkey is not responsible for streaming or web casting or any other form of transmission received from any linked site. Trivia Monkey is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Trivia Monkey of the site to which the link leads, or of its content.

(15) UNSOLICITED IDEA SUBMISSION POLICY.

Trivia Monkey 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, performa's, or other works. This policy is intended to avoid misunderstandings or disputes if Trivia Monkey products or marketing strategies appear similar to ideas submitted to Trivia Monkey, therefore do not send your unsolicited ideas to Trivia Monkey or anyone at Trivia Monkey. if, notwithstanding this policy, you send your ideas or materials, please understand that Trivia Monkey makes no assurances that your ideas and materials will be treated as confidential or proprietary.

(16) TRADEMARKS NOTICE.

U.S. TRADEMARKS AND SOFTWARE COPYRIGHTS: Trivia Monkey, Triviamonkey.com, and the graphic logos associated with each are trademarks of Cyberwalker Media Inc.. Any rights not expressly granted herein are reserved.

(17) NO AGENCY.

You and Trivia Monkey are not engaged in any agency, partnership, joint venture, employee-employer, franchisee-franchiser or other type of relationship and no such relationship(s) are intended or created by this TOS, 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 Trivia Monkey which may appear on the Trivia Monkey Website, or by response by Trivia Monkey to any material posted by you on the Trivia Monkey Website, or by any failure of Trivia Monkey to respond to any material posted by you on the Trivia Monkey 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 Cyberwalker Media Inc.