BPtrivia Terms and Conditions of Use
Effective as of August 22, 2020
Introduction
Thanks for choosing BPtrivia (“BPtrivia,” “we,” “us,” “our”). BPtrivia provides a personalized user experience with interactive features for playing quizzes and other content, as well as other games, products, and/or services that may become available in the future. By signing up or otherwise using BPtrivia, including all associated features and functionalities, websites and user interfaces, as well as all content and software applications associated with our services (collectively, the “BPtrivia Service” or “Service”), or accessing any content or material that is made available through the Service (the “Content”), you are entering into a binding contract with BPtrivia LLC.
Your agreement with us includes these Terms and any additional terms that you agree to, as discussed in the Entire Agreement section below, other than terms with any third parties (collectively, the “Agreements”). The Agreements include terms regarding future changes to the Agreements, automatic renewals, limitations of liability, privacy, waiver of class actions, and resolution of disputes by arbitration instead of in court. If you wish to review the terms of the Agreements, the current effective version of the Agreements can be found on BPtrivia’s website. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the BPtrivia Service or access any Content.
In order to use BPtrivia and access any Content, you need to (1) be 18 years or older, and (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. You also promise that any registration information that you submit to BPtrivia is true, accurate, and complete, and you agree to keep it that way at all times.
Changes to the Agreements
Occasionally we may make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate your account by contacting us here.
Payments and Cancellations
- Billing
You may purchase a Paid Subscription directly from BPtrivia by paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase.
BPtrivia may change the price for the Paid Subscriptions, including recurring subscription fees. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the BPtrivia Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.
- Renewal; Cancellation
Your payment to BPtrivia will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period by clicking here. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. We do not provide refunds or credits for any partial subscription periods.
Using the BPtrivia Service
The BPtrivia Service and the Content are the property of BPtrivia. You promise and agree that you are using the BPtrivia Service and Content for your own personal, non-commercial use and that you will not redistribute or transfer the BPtrivia Service or the Content. The BPtrivia Content is not sold or transferred to you, and BPtrivia retains ownership of all copies of the Content even after you have played, used, or accessed any original content.
All BPtrivia trademarks, service marks, trade names, logos, domain names, and any other features of the BPtrivia brand (“BPtrivia Brand Features”) are the sole property of BPtrivia or its licensors. The Agreements do not grant you any rights to use any BPtrivia Brand Features whether for commercial or non-commercial use.
You agree to abide by our Rules & Regulations and not to use the BPtrivia Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in the Agreements, BPtrivia grants no right, title, or interest to you in the BPtrivia Service or Content.
User-Submitted and/or User-Generated Content
BPtrivia users may post, upload, or otherwise contribute content to the BPtrivia Service (which may include, for example, quizzes, messages, forum posts) (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted to any part of the BPtrivia Service.
You promise that, with respect to any User Content you post on BPtrivia, you own or have the right to post such User Content, and (2) such User Content, or its use by BPtrivia as contemplated by the Agreements, does not violate the Agreements or any other rights set forth within the Rules & Regulations.
BPtrivia may monitor, review, or edit any or all User Content. In all cases, BPtrivia reserves the right to remove or disable access to any User Content for any or no reason, including User Content that, in BPtrivia’s sole discretion, violates the Agreements or the Rules & Regulations. BPtrivia may take these actions without prior notification to you. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
You are solely responsible for all User Content that you post. BPtrivia is not responsible for User Content nor does it endorse any opinion contained in any User Content. You agree that if anyone brings a claim against BPtrivia related to User Content that you post, then you will indemnify and hold BPtrivia harmless from and against all damages, losses, and expenses of any kind arising out of such a claim.
Rights That You Grant Us
In consideration for the rights granted to you under the Agreements, you grant us the right to provide advertising and other information to you. In any part of the BPtrivia Service, the Content you access, including its selection and placement, may be influenced by commercial considerations, including BPtrivia’s agreements with third parties. Some Content licensed by, provided to, created by or otherwise made available by BPtrivia (e.g. quizzes, contest, or podcasts) may contain advertising as part of the Content.
If you provide feedback, ideas or suggestions to BPtrivia in connection with the BPtrivia Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize BPtrivia to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
You grant BPtrivia a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide license to use, reproduce, make available to the public, publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
User Protection
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, you must notify us immediately and change your password as soon as possible.
Please read our Privacy Policy for more information on how your personal information and account information is used by BPtrivia.
Service Limitations and Modifications
BPtrivia will make reasonable efforts to keep the BPtrivia Service operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. BPtrivia reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the BPtrivia Service, with advance notice where possible, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the BPtrivia Service or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid fees to BPtrivia for Paid Subscriptions that BPtrivia permanently discontinues prior to the end of the Pre-Paid Period (defined in the Payments and cancellations section), BPtrivia will refund you the prepaid fees after such discontinuation. You understand, agree, and accept that BPtrivia will make reasonable efforts, to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. BPtrivia and/or the owners of any Content may, from time to time, remove any such Content without notice.
Customer Support
For customer support with account-related and payment-related questions, contact us via email. We will use reasonable endeavors to respond to all support queries within a reasonable time frame but we make no promises that any such queries will be responded to within any particular time frame and/or that we will be able to answer any such queries.
Termination
The Agreements will continue to apply to you until terminated by either you or BPtrivia. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. BPtrivia may terminate the Agreements or suspend your access to the BPtrivia Service at any time, including in the event of your actual or suspected unauthorized use of the BPtrivia Service and/or Content, violation of the Rules & Regulations, or non-compliance with the Agreements, or if we withdraw Services and/or Content (in which case we shall provide you with reasonable notice in advance of doing so). If you or BPtrivia terminate the Agreements, or if BPtrivia suspends your access to the BPtrivia Service, you agree that BPtrivia shall have no liability or responsibility to you, and BPtrivia will not refund any amounts that you have already paid. You may terminate the your account at any time. To learn how to terminate your BPtrivia account, please contact us via email.
Entire Agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and BPtrivia, the Agreements constitute all the terms and conditions agreed upon between you and BPtrivia and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Please note, however, that certain aspects of your use of the BPtrivia Service may be governed by additional agreements. That could include, for example, access to the BPtrivia Service as a result of a gift card, free or discounted Trials, or together with other services. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. Some of those additional terms are listed on BPtrivia’s website. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
Contact Us
If you have any questions concerning the BPtrivia Service or the Agreements, please contact us via email.
Thank you for reading our Terms. We hope you enjoy BPtrivia!
BPtrivia LLC