Publication Date: 22nd of May 2019
Each trivia tournament is sponsored by KO Trivia and KO Trivia’s exclusive brand partners, and is in no way sponsored, endorsed, or administered by, or associated with Apple, Inc. This is a fully ad sponsored game where no payments from users are possible or allowed.
Welcome to KO Trivia (“KO Trivia,” “we,” or “us”) is a service where you can get items through a trivia game. The questions and the order of the questions for each trivia tournament are exactly the same for all users. KO Trivia strives to keep its database of trivia questions up to date and maintain that answers registered in the system as the “right” answers are correct. KO Trivia does not hold any responsibility, and shall not be liable, for the outcome of trivia tournaments as a result of trivia questions stored in the database with incorrect answers. KO Trivia is operated by Total Trivia Inc. (“Total Trivia”).
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING THIS SERVICE OR THE SITE, OR CLICK-ACCEPTING “I AGREE” TO REGISTER TO USE THE SERVICES. THESE TERMS HAVE LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU ARE WAIVING YOUR RIGHT TO SUE IN COURT, YOUR RIGHT TO A TRIAL BY JURY, AND YOUR RIGHT TO BRING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING AGAINST KO TRIVIA OR TOTAL TRIVIA, THE OPERATOR. AS USED IN THESE TERMS, THE SITE MEANS THE ENTIRETY OF THIS WEBSITE INCLUDING, BUT NOT LIMITED TO, ALL CONTENT, SERVICES, INFORMATION, AND ANY PORTIONS THEREOF. THE KO TRIVIA “SERVICES” ARE ANY SERVICES OFFERED OR PROVIDED BY KO TRIVIA OR TOTAL TRIVIA AND THE SERVICES AND THE SITE ARE COLLECTIVELY REFERRED TO AS THE SERVICES.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THE SERVICES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THESE TERMS, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS.
THE KO TRIVIA SERVICES ARE OFFERED AND MAY ONLY BE USED BY PERSONS OVER THE AGE OF 18. BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE OVER THE AGE OF 18, YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH KO TRIVIA AND ITS OPERATOR, TOTAL TRIVIA, AND THAT YOU MEET ALL OF THE ELIGIBILITY REQUIREMENTS DESCRIBED IN THESE TERMS. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES THROUGH THE SERVICES IF YOU (I) DO NOT AGREE TO THESE TERMS, (II) ARE NOT THE OLDER OF AT LEAST 18 YEARS OF AGE OR LEGAL AGE TO FORM A BINDING CONTRACT WITH TOTAL TRIVIA, OR (III) ARE PROHIBITED FROM ACCESSING OR USING THE SERVICES’ CONTENTS OR GOODS BY APPLICABLE LAW.
KO Trivia and Total Trivia will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, KO Trivia may restrict access to some or all parts of the Services to users, including registered users.
KO Trivia reserves the right to withdraw or amend these Terms and any services or material provided, in KO Trivia’s sole discretion, without notice, at any time and from time- to-time. All changes are effective immediately upon posting and apply to all access to and use of the Services thereafter. It is your responsibility to check these Terms each time before using the Services so you are aware of any changes, as they are binding on you. Your continued use of the Services following the posting of any revision constitutes your acceptance of the amended Terms.
You may use the Services only for lawful purposes and in accordance with these Terms. When using the Services, you understand and agree that:
You understand and agree that KO Trivia may, at any time and for any reason, terminate or block your access to the Services, or remove or alter the Services (or any portion thereof). KO Trivia may investigate any reported violation of the Terms or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, users, and/or third parties. KO Trivia’s actions may include, but are not limited to, issuing warnings, suspension, or termination of the Services, and/or removal of or disabling access to content hosted on KO Trivia’s systems. KO Trivia also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials.
To use the Services, you must first create an online user profile consisting of a username, password and other information or connect your Facebook account to populate your personal information (“KO Trivia Account”). You agree to only register and maintain one (1) KO Trivia account for your personal use of the Services. It is a condition of your use of the Services that all the information you provide through the Services is correct, current, and complete. You agree to maintain and promptly update your KO Trivia account information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if KO Trivia has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, KO Trivia may suspend or terminate your account. Any fraudulent information provided in connection with your use of the Services may be reported to relevant state and federal law enforcement agencies, and KO Trivia will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
You understand and agree that you are solely responsible for maintaining the privacy and security of your usernames, passwords, and financial information, and for any activity associated with your KO Trivia Account. You should use particular caution when accessing your KO Trivia Account from a public or shared computer so that others are not able to view or record your password or other personal information. In the event that your username and password are compromised or you are aware of any unauthorized activity being conducted with your user credentials, you agree to immediately notify KO Trivia. You may be held liable for any losses incurred by KO Trivia or by another user of the Services as a result of unauthorized activity on your KO Trivia Account.
To use the Services, you must be a resident of the United States, unless otherwise authorized by KO Trivia.
Total Trivia reserves the right to cancel any unauthorized KO Trivia Account or KO Trivia Account that has been inactive. You agree not to hold KO Trivia responsible for any loss incurred to you as a result of such action.
All transactions through the Services for the sale of goods are governed by these Terms.
Subject to your strict compliance with these Terms, KO Trivia grants to you a non- exclusive, non-transferable, non-sublicenable, limited license to use the Services on an “as- is” basis. The license granted to you in these Terms is restricted as follows:
You understand and agree that KO Trivia, Total Trivia Inc., or its licensors hold all right, title, and interest to the Services and all intellectual property, material, content, features provided through the Services, and the design, selection and arrangement thereof. The foregoing applies regardless of (i) the form of intellectual property, (ii) how it was provided to you, or (iii) your geolocation.
You understand and agree that you may only use the content available provided to you through the Services, unless otherwise expressly provided by KO Trivia. You may not copy, modify, create derivative works from, distribute, reverse engineer, alter, or decompile any content or intellectual property contained in or provided through the Services without KO Trivia’s prior written consent.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of these Terms, your right to use the Services will cease immediately and you must, at KO Trivia’s or Total Trivia’s option, return or destroy any copies of the materials you have made. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other applicable intellectual property laws.
KO Trivia, through Total Trivia, maintains trademarks, service marks, logos, domain names, and other branding material for its various products and services, and has a strong interest in maintaining the integrity of its intellectual property and brand. You understand and agree that you will not use any KO Trivia or Total Trivia trade or service marks, whether or not such marks are registered, without the prior written consent of KO Trivia or Total Trivia.
The Services may contain links to third party sites, including some operated by KO Trivia’s business partners or clients. You understand and agree that KO Trivia has no control over these third party sites, and that neither KO Trivia nor Total Trivia is responsible for your use of these third party sites. In addition, neither KO Trivia nor Total Trivia is liable for any damages, losses, or expenses that you may incur while using third-party sites. If you decide to access any of the third party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. You further understand and agree that any links, references, logos, or news relating to third parties does not constitute an endorsement of, an advertisement for, or partnership with any such third party.
While using the Services, you may be asked to and may provide feedback, commentary, information, or other content (collectively, “User-Provided Content”) to KO Trivia and other users. Any User-Provided Content you provide to KO Trivia will be considered non- confidential and non-proprietary. You agree not to use the Services to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards below. You hereby grant to KO Trivia and Total Trivia a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable right and license to use, reproduce, modify, display, and distribute any User-Provided Content provided through this Service; and acknowledge and warrant that you have the right and authority to provide such license to KO Trivia. You understand and acknowledge that you are responsible for any User- Provided Content you submit or contribute, and you, not KO Trivia or Total Trivia, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. Neither KO Trivia nor Total Trivia is responsible, or liable to any third party, for the content or accuracy of any User- Provided Content posted by you or any other user of the Services. KO Trivia and Total Trivia have the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Your User-Provided Content shall not:
KO Trivia has the right to remove or refuse to post on the Service any User-Provided
Content for any or no reason in its sole discretion. However, KO Trivia cannot review all
User-Provided Content before it is posted on its Services, and cannot ensure prompt
removal of objectionable material after it has been posted. Accordingly, KO Trivia and Total Trivia assumes
no liability for any action or inaction regarding transmissions, communications, or content
provided by any user or third party. KO Trivia and Total Trivia have no liability or responsibility to anyone for
performance or non-performance of the activities described in this Section.
You agree not to make use of anyone else’s information other than as necessary to participate in the Services and to complete any transaction in which you are involved. Specifically, you agree that with respect to any information disclosed to you by KO Trivia regarding another user of the Service, you will only use such information, unless otherwise authorized, (a) to complete transactions originating from the Services, including the use of third party services, (b) for communications with us, or (c) as permitted by the corresponding user identified in such information. You agree not to disclose any user information disclosed to you by KO Trivia except as provided by these terms or with our consent.
These Terms will continue until either party chooses to terminate them. This may be done by you at any time upon (1) receipt by KO Trivia of written notice of your termination, and (2) your ceasing to use and access the Service immediately; and may be done by KO Trivia upon notice to you. If you access or use the Service after providing notice to KO Trivia, you are assenting to these Terms anew. Termination of these Terms by either shall terminate any rights you may have to use any content or Services provided. Any licenses provided to KO Trivia to use User-Provided Content shall remain in effect unless otherwise agreed to in writing by the parties.
You understand that KO Trivia cannot and does not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to KO Trivia’s Services for any reconstruction of any loss data. KO TRIVIA AND TOTAL TRIVIA WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF- SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
KO TRIVIA AND TOTAL TRIVIA DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW. THE INFORMATION PRESENTED ON OR THROUGH THE SERVICES IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. USE OF THIS SERVICE IS AT YOUR SOLE RISK. THESE SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, OR NON- INFRINGEMENT. FURTHER, KO TRIVIA AND TOTAL TRIVIA DO NOT WARRANT AND MAKE NO REPRESENTATIONS THAT THE SERVICE (OR ANY PORTION THEREOF) WILL MEET YOUR NEEDS OR EXPECTATIONS; WILL BE UNINTERRUPTED, SECURE, OR FREE FROM ERROR; OR WILL CONTAIN INFORMATION THAT IS CURRENT, ACCURATE, OR SHOULD BE RELIED UPON. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL KO TRIVIA, TOTAL TRIVIA, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, PERSONNEL, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES INCURRED BY YOU, UNDER ANY THEORY OF LIABILITY AND HOWEVER IT MAY BE CAUSED, EVEN IF FORESEEABLE, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF GOODWILL OR REPUTATIONAL HARM, DATA LOSS, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR SUCH OTHER WEBSITES. THIS LIMITATION INCLUDES, BUT IS NOT LIMITED TO, ANY DAMAGE OR HARM CAUSED BY INACCURACY OF THE DATA OR SERVICES PROVIDED (OR YOUR RELIANCE ON SUCH DATA OR SERVICES), CHANGES TO THE SERVICES, PERMANENT REMOVAL OF CONTENT FROM THE SERVICES (INCLUDING USER-PROVIDED CONTENT), OR BREACHES OF THESE TERMS BY YOU. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless KO Trivia, Total Trivia, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User-Provided Content, any use of the Services, content, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.
You, KO Trivia and Total Trivia agree that any legal disputes or claims arising out of or relating to these Terms (including but not limited to the Services, use of the Services, or the interpretation, enforceability, revocability of the Terms, or the arbitrability of any disputes or claims) that cannot be resolved informally shall be submitted to binding arbitration in the state in which the Terms were performed. The arbitration shall be conducted by the American Arbitration Association under its Consumer Arbitration Rules, a copy of which can be obtained at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf, or as otherwise mutually agreed by you, KO Trivia and Total Trivia. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You, KO Trivia and Total Trivia agree that any claim, action, or proceeding arising out of or relating to the Terms must be brought in your individual capacities, and not as plaintiffs or class members in any class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class, collective, or representative proceeding. YOU ACKNOWLEDGE AND AGREE THAT YOU AND TOTAL TRIVIA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
These Terms and your use of the Services are subject by the laws of the State of Minnesota without regard to its conflict of laws provisions. Any dispute arising from or related to these terms may only be brought in the courts located in Minneapolis, Minnesota. Although you may access the Services in other states or countries, your use of the Services still subjects you to the exclusive jurisdiction of these courts. These Terms are provided to you in any language other than English are for your convenience only; the English-language version will govern use of the Services.
KO Trivia may occasionally provide you notices about changes to the Services, including the content provided in it. Such notices may be provided via email, standard mail, or through the Services.
You also understand and agree no waiver by KO Trivia or Total Trivia of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of KO Trivia or Total Trivia or any KO Trivia or Total Trivia affiliate to enforce their rights under these Terms or at law will not be considered a waiver of such rights.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to email@example.com.
These Terms are subject to change by KO Trivia without prior written notice at any time, in KO Trivia’s sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced above. You should review these Terms prior to purchasing any product or Services that are available through the Services. Your continued use of the Services after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
KO Trivia does not offer any products and services from brands that are owned by KO Trivia. However, Total Trivia may share a same beneficial owner with some of the brands. The selection of products and services available is always based on price, customer satisfaction and product ratings.
By using the Services and entering into a trivia tournament, or placing an order on the Reward Shop, you agree to complete the transaction and fulfill any and all contractual obligations. KO Trivia reserves the right to choose not to accept an order from a user. In the event KO Trivia chooses not to accept an order from a user, KO Trivia will attempt to notify you by contacting the e-mail and/or phone number provided at the time the order was made.
KO Trivia reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers, distributors, and others who violate these Terms.
By using the services, you agree to be liable for any applicable taxes and charges . These will be itemized in your shopping cart and in your order confirmation email. KO Trivia strives to display accurate information, however it may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to the retail value of the item and the availability. KO Trivia reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences, including but not excluded to an excess of tournaments being scheduled due to technical or human error.
Terms of payment are within KO Trivia’s sole discretion and, unless otherwise agreed by Total Trivia in writing, payment must be received by KO Trivia before its acceptance of an order. You represent and warrant that (i) the credit card information you supply to Total Trivia is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Service at the time of your order.
Your bank may or may not charge you an international payment fee in connection with a credit card payment. It is your sole responsibility to be familiar with the terms of your bank for such fees, if any. KO Trivia and Total Trivia hold no responsibility for additional payment fees of any kind issued by your bank.
You understand that all services or goods purchased on this Service will only be delivered to your personal address in your KO Trivia Account, provided that your address is in the contiguous United States. KO Trivia is not obligated to ship services or goods outside of the United States. KO Trivia does not ship to Alaska or Hawaii. KO Trivia does not deliver to PO Boxes or to freight forwarding companies. KO Trivia reserves the right to remove certain states from its shipping policy at its discretion at any given time.
KO Trivia will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs KO Trivia incurs in the processing, handling, packing, shipping, and delivery of your order.
Title and risk of loss pass to you upon KO Trivia’s transfer of the products to the carrier. You agree to report to KO Trivia any obvious damage to the packaging or item made during transport. Shipping and delivery dates are estimates only and cannot be guaranteed. KO Trivia is not liable for any delays in shipments.
KO Trivia is not responsible for stolen or lost items. If you do not receive your order within four (4) weeks of your purchase, you must file with KO Trivia a claim of non-receipt via email at support@KOTrivia.com. KO Trivia will do its best to help you locate the order by providing tracking information received from the supplier, as well as screenshots or copies of the sales receipt and possible shipping confirmation, if available.
You may cancel your contract within 14 days in written form (e.g. email) and by sending the physical item to KO Trivia. The item being returned must be received by KO Trivia’s distribution center within 14 days for it to be accepted as a valid return and refunded, if applicable. To meet the deadline, it is sufficient to send the cancellation notice and return the item in a timely manner.
The item is to be sent to the below address.
The user is responsible for the full shipping costs back to KO Trivia’s distribution center or office location. Returns are processed within approximately thirty (30) business days of Total Trivia’s receipt of your products. Coins redeemed for returned items will not be returned to the user’s account. If the returned item was purchased on the Reward Shop, the Discounted Price shall be refunded to the customer upon processing of the return.
Contact our support team to get a return address.
If KO Trivia is unable to provide you with the product ordered for any reason, KO Trivia reserves the right, in its sole discretion, upon notice, to substitute the item and send you a similar item in the same price range or equivalent of the item's Manufacturer's Recommended Retail Price (“MSRP”). KO Trivia may also choose to replace the item ordered with a gift card. Such right of substitution may be necessary from time to time if, for example, unforeseen or undetected challenges arise with the manufacturing or inventory system of the supplier that impacts the ability of KO Trivia to deliver the Subject Item sought by the user.
You represent and warrant that you are buying products or services from the Service for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the United States.
You may not resell any product or service obtained through the Services without prior written consent from KO Trivia. This restriction is strictly adhered to by KO Trivia in order to promote trust from the brands that are sponsoring the free or discounted items. Additionally, you may not use the products to create any investment scheme, commodities contract or pool or otherwise to use KO Trivia as a product delivery mechanism for a brokered or 'middleman' agreement or obligation. If it is discovered that you are, in fact, reselling products obtained from KO Trivia, you may be required to compensate KO Trivia or Total Trivia for any damages incurred as a result of your resale of products in direct violation of these Terms. KO Trivia shall also suspend your KO Trivia Account without further notice and void all trivia tournaments in which you have participated.
KO Trivia does not manufacture or control any of the products or services offered on the Service. The availability of products or services through the Service does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, KO Trivia does not provide any warranties with respect to the products or services offered through the Service. However, the products and services offered through the Service may be covered by a manufacturer's warranty included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty.
ALL PRODUCTS AND SERVICES OFFERED THROUGH THIS SERVICE OR PROVIDED BY KO TRIVIA ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, AND KO TRIVIA AND TOTAL TRIVIA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; AND (D) WARRANTY OF TITLE; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT TOTAL TRIVIA SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
IN NO EVENT SHALL KO TRIVIA OR TOTAL TRIVIA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED AND WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KO TRIVIA’S SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SERVICES.
You agree to defend, indemnify, and hold harmless KO Trivia, Total Trivia, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, or your improper use of the Services, or your improper use of any information obtained from the Services.
KO Trivia and Total Trivia will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in its performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of Minnesota.
You will not assign any of your rights or delegate any of your obligations under these Terms without KO Trivia’s prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
KO Trivia and Total Trivia are not agents, fiduciaries, trustees or other representatives of you. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
If any provision of these Terms is or is found by an arbitrator to be invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
KO Trivia's failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of KO Trivia's or Total Trivia’s right to subsequently enforce such provision or any other provisions herein. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of KO Trivia or Total Trivia.
(i) To you. KO Trivia may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Service. Notices sent by email will be effective when KO Trivia sends the email and notices KO Trivia provides by posting will be effective upon posting. It is your responsibility to keep your email address current.
To Total Trivia. You must contact KO Trivia as follows: (i) by personal delivery, overnight courier or registered or certified mail to 5775 Wayzata Blvd. Suite 700 - 4006 St. Louis Park, MN 55416 ; or (ii) by email at support@KOTrivia.com. KO Trivia may update its correspondence addresses for notices by posting a notice on the Service. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier or email will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.