Last Update: November 13, 2019
- Terms. These Terms and Conditions (the “Terms”) govern your use of our apps (the “App”). These Terms have a force of a l00000egally binding agreement, so please read them carefully. The term "us," "we" or "our" refers to Trivia Tribe LLP, which owns and operates this App. The term "you" refers to the user of the App. Privacy Policy is another important document that you should familiarize yourself with because it describes our practices with respect to your personal information. You cannot visit the App if you do not agree to these Terms or the Privacy Policy. Sometimes we modify these Terms. We don’t notify users about every change to the Terms but you can see the date of the last update at the top of this page. If you still wish to visit the App after said date that constitutes your agreement to the updates.
- Third Parties. The App may contain references to third party resources and rely on third party services for support. We shall not be liable for any third party venues and cannot guarantee their performance.
- Description. The App shows a user a part of a movie poster and a user can then attempt to guess which movie it is from. The App has in-app purchases and subscriptions. We collect basic user data, which we do not sell to any third parties, in accordance with our Privacy Policy.
- Refund Policy. App store where you purchased the App handles refunds according to their policies. Please contact the Apple Store or Google Play Store to request a refund.
- Our Intellectual Property. We and our content suppliers own all intellectual property ownership rights in our App, media, movie posters, photos, logos, trademarks (whether registered or unregistered) and data. Movie posters are licensed from themoviedb.org for use in the App. Our IP rights are protected by international IP conventions. Our App content cannot be copied for republication without our express prior written consent. Here is the link to their privacy policy.
- Your Feedback. We can use and implement any feedback that you voluntarily provide, without compensation to you.
- Copyright Infringement. We take copyright infringement seriously. Report it to us if you see it on our App and we will investigate.
By visiting this App, you represent and agree that:
- You have a full capacity to enter into a legally binding agreement, such as these Terms.
- If purchasing anything, you are responsible for ensuring your payment method is valid. You will pay as agreed using only payment methods, which you are authorized to use.
- Your subscription will automatically renew for an additional period that is equal in length to the initial subscription period. However, you can cancel auto renewal at any time prior to the expiration of the then-current term. No portion of the fees paid will be refunded and your subscription will continue until the end of the paid-for term.
- You will not file a chargeback unless you have attempted to resolve the issue by contacting us first.
- We can change subscription prices at any time. These changes will only apply to future purchases, not retroactively. If you don’t agree to new prices, you can cancel your subscription.
- You will not use false identity.
- You will not let others use your account, except as may be explicitly authorized by us. Everything that happens under your account is your responsibility. Registering duplicate accounts is not allowed.
- You will ask for our permission before copying anything from our App for republication.
- You will not use our App for anything illegal.
- We reserve the right to terminate any account using our sole reasonable discretion and without notice or liability.
- Bots, crawlers, indexers, web spiders, harvesters or any similar automatic processes are not allowed on our App or website.
- You will not impede the proper functioning of the App.
You cannot use or disclose any confidential information relating to our business, users, operations and properties for any purpose without our express prior written authorization. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of our confidential information.
If any user violates these Terms or any law, we can, without limitation: (i) ban that user from the App; (ii) disclose the user’s identity to authorities and assist in investigations; (iii) delete or moderate the user’s content; (iv) take any other action available under law.
- DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
- EVERYTHING WE PROVIDE ON THIS APP IS ON AN “AS IS” BASIS, TO BE RELIED ON AT YOUR OWN RISK. DO YOUR OWN RESEARCH BEFORE RELYING ON ANYTHING ON THIS APP. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, SAFETY, FREEDOM FROM DEFECTS OR THAT DEFECTS WILL BE CORRECTED, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE PERFORMANCE.
- WE ARE NOT LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE FEES WE RECEIVED FROM YOU, IF ANY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless our company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the App; (ii) your violation of any provision of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party.
- Our App is not directed to children under the age of 16. We respect the privacy of parents and children and are committed to complying with the Children’s Online Privacy Protection Act (COPPA). If a parent believes that his or her child has provided us with personal information, he or she can contact us via e-mail. We will promptly delete the information upon learning that it relates to a child under the age of 16. We believe that parents should supervise their children’s online activities and consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from otherwise disclosing online their name, address and other personal information without parental permission.
- If you would like to learn more about COPPA, visit the Federal Trade Commission home page at http://www.ftc.gov. Please see our Privacy Policy to find out how we handle users’ personal information.
- If a dispute arises from or relates to these Terms or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
- Claims shall be heard by a single arbitrator. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. Time is of the essence for any arbitration under this agreement and arbitration hearings shall take place within 90 days of filing and awards rendered within 120 days. Arbitrator(s) shall agree to these limits prior to accepting appointment. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section. The prevailing party shall be entitled to an award of reasonable attorney ‘fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.
- Communications. You agree that we can communicate with you electronically, via SMS, push notifications, email or phone calls. All electronic communications shall have the same legal force as if they were in paper form.
- Relationship of the Parties. You and us are in an independent contractor relationship with respect to each other. That means that there is no partnership, joint venture, employer/employee or any similar arrangement.
- Hyperlinks. Linking to our App is allowed, however, it must always be done in a way that does not adversely affect our business or implies some form of association when there is none.
- Severability. If any part of these Terms is found to be unenforceable, then only that particular portion, and not the entire Terms, will be unenforceable.
- Assignment. We have the right, at our sole discretion, to assign or subcontract our rights or obligations outlined in these Terms.
- Waiver. Our failure to exercise any of our rights under these Terms shall not be considered a waiver to exercise them in other instances. No waiver shall be effective unless it is in writing signed by us.
- Prevailing Language. If there are any inconsistencies or conflicts between the English original of these Terms and any foreign language translation, the English version shall prevail.
- Feedback. Any feedback, comments and suggestions for improvements to the product and service (“Feedback”) is greatly appreciated. If you want to submit Feedback, please send an email support@guessinggames.co or send us the feedback through our app.
If you have any questions about these Terms or the Services, please contact us at support@guessinggames.co