TERMS AND CONDITIONS
Participation in the activities available on the TriviaMania site is open to all individuals who are eighteen (18) years of age or older (or have reached the age of majority in the jurisdiction in which you reside, if greater). The TriviaMania site is void where prohibited or restricted by law, and the Company reserves the right to deny access to the TriviaMania site to anyone at its sole discretion.
Each visitor to the TriviaMania site (a “ User ”) may only have a single player account. When you first sign up with TriviaMania, you will register an account by providing an alias that will be your username, a password, your email address, your date of birth and other required registration information. Offensive or inappropriate usernames will not be permitted.
If you wish to create a new player account, you must notify customer care. If TriviaMania determines that you have more than a single player account, all player accounts created subsequent to the first account may be automatically be suspended or canceled without notice. Continued violation, including the creation of more that one player account, may result in the termination of all of your player accounts.
All player accounts are non‑transferable. You may not allow any other person to access your player account or use your player account to access the TriviaMania site, to participate in any tournament or game, or to accept any winnings related to your player account. By creating a player account, each User is deemed to declare that he or she has fully complied with and agrees to be bound by these Terms and Conditions and agrees, on behalf of himself/herself and his or her heirs, executors and administrators to release the Company and its affiliates, agencies and/or representatives from all liability, claims and demands arising out of his or her use of the TriviaMania site.
Each game offered on the TriviaMania site is a game of skill where the outcome is determined by the participants’ skill rather than chance or luck. Any and all references in these Terms and Conditions or the TriviaMania site to “wager”, “bet”, “pots”, “rake” or similar terms are solely for instructional or illustrative purposes and do not imply unlawful gambling. Each game or tournament offered on the TriviaMania.com site is subject to its own rules, including rules related to tie-breaking. Full rules for each game offered on the TriviaMania site are available here . These rules are deemed to be incorporated into these Terms and Conditions.
The results and winners of each game or tournament available on the TriviaMania site will be determined by the Company in its sole discretion. In the event of a dispute relating to a TriviaMania game or tournament, including issues relating to a User’s compliance with these Terms and Conditions, each User agrees to be bound by the decision of the Company’s customer care and fraud prevention personnel, which are final in all respects.
To play games on the TriviaMania site, you need a personal computer which meets the minimum system requirements as described in the help files on the TriviaMania site. Click here to see current minimum requirements. In general, if your system does not meet the minimum requirements for a particular game, you may be a competitive disadvantage as compared to other players. If you choose to ignore the system requirements, you do so at your own risk.
It is the User’s responsibility to ensure that the Internet connection is reliable. If a User loses connection during a game, TriviaMania will attempt to keep them in the game as long as possible. This varies from game to game. During question rounds, Users who have lost connection will be given the maximum amount of time to answer the question and if they have not returned, it will be treated as if the User failed to answer in the time allotted. During betting rounds, the User will Check, if available, and Fold to any bet. In games without betting rounds, the User will Pass or Sit Out instead of wagering. If a player fails to return in set amount of time, the player will be logged out of the system. No Warranties.
The Company assumes no responsibility for: (i) games or tournaments that are interrupted for any reason including, for example, due to the malfunction of computer equipment, data or software; (ii) activity on player accounts as a result of lost or stolen account or password information ; (iii) the failure, interruption, technical malfunction or delay of any email or other communication to be received by the Company or the TriviaMania site, for any reason; (iv) any incorrect or inaccurate information, whether caused by equipment or programming associated with or utilized in the TriviaMania site or by any technical or human error which may occur in the processing of information you provide on the TriviaMania site.
The Company also assumes no responsibility, and shall not be liable for, any malicious code, including computer viruses, that may infect your personal computer or related equipment, or any other damage to your personal computer or related equipment, as a result of your access to, use of, or browsing of the TriviaMania site or your downloading of any materials, data, text, images, video or audio from the TriviaMania site.
Although the Company intends on making the TriviaMania site available 24 hours per day, seven days per week, there can be no assurance that the TriviaMania site will be available without interruption. The Company reserves the right to cancel, terminate or suspend the TriviaMania site in whole or in part at any time.
If you encounter a question or answer that contains an error, you must inform us as soon as you become aware of such errors. If mistakes in either the questions or answers occur TriviaMania will always be the deciding authority as to whether a question or answer is correct. Additionally, TriviaMania will always be the authority on what actions, if any, should be taken.
THE TRIVIAMANIA SITE AND THE GAMES AND INFORMATION AVAILABLE ON IT ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMISSABLE UNDER APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE TRIVIAMANIA SITE AND THE GAMES AND INFORMATION AVAILABLE ON IT WITH RESPECT TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
BY CREATING A PLAYER ACCOUNT, YOU AGREE THAT IN NO EVENT WILL THE COMPANY, ITS EMPLOYEES, OFFICERS, DIRECTORS, LICENSORS, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM USE, ACCESS, OR ATTEMPTED USE OR ACCESS, OF THE TRIVIAMANIA SITE, INCLUDING INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INJURY TO PERSON OR PROPERTY, FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF DATA OR BUSINESS INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY AND NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE TRIVIAMANIA SITE, EVEN IF THE COMPANY OR AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE LIABILITY OF THE COMPANY FOR DAMAGES WITH RESPECT TO THE TRIVIAMANIA SITE EXCEED THE AMOUNTS ACTUALLY PAID BY YOU IN ENTRY FEES ON THE TRIVIAMANIA SITE IN THE TWELVE MONTHS PRECEDING ANY CLAIM FOR DAMAGES.
By creating a TriviaMania player account, each User agrees to the terms of the End-User Software License Agreement below, which is incorporated into these Terms and Conditions.
Please note that skill gaming may not be legal in all jurisdictions. By creating a player account, you represent that your participation in the TriviaMania site is subject to all laws of the jurisdiction in which you reside and from which you access the TriviaMania site and that you are solely responsible for obeying those laws. You agree that the Company cannot be held liable if laws applicable to you restrict or prohibit your participation in the activities available on the TriviaMania site.
Amendments to Terms of Service
The Company reserves the right to amend the TriviaMania site’s Terms and Conditions at any time. Your continued use of the TriviaMania site following such modifications signifies your acceptance of those modifications. You are responsible for reviewing these Terms and Conditions periodically for any such modifications. These Terms and Conditions are in effect as of October 29, 2007.
Severability and Headings
If a court of competent jurisdiction determines that any provision of these Terms and Conditions are unenforceable, all other provisions will remain in full force and effect and the unenforceable provision will be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions. The headings provided in these Terms and Conditions are for convenience only and will not be used in interpreting or construing these Terms and Conditions.
Choice of Law and Arbitration
These Terms and Conditions shall be governed by the laws of the Republic of Panama, without reference to provisions relating to conflict of laws, and you acknowledge that by registering for an account, there is a real and substantial connection between the Republic of Panama and you and your use of the TriviaMania site. By registering for an account, you further agree that any dispute that cannot be resolved between the Company and yourself shall be resolved individually, without resort to any form of class action. You further agree that any legal action arising from any dispute relating to these Terms and Conditions and/or your use of the TriviaMania site shall be conducted in the courts located in Panama, Republic of Panama, and you hereby irrevocably submit to personal jurisdiction and venue in such courts for the purposes of litigating any such action.
Real-Money Game Eligibility
To participate in any real-money games (defined below) offered on the TriviaMania site, you:
(i) must be an individual;
(ii) if located in the United States of America, must not be physically located in or subject to the laws of a US state that restricts utilization of the service we provide. Currently, we do not offer entry to real-money games to residents of the following states: Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Illinois, Iowa, Louisiana, Maryland, Massachusetts, Montana, South Carolina, South Dakota, Tennessee, and Vermont, or be subject to the laws of one of those states. We reserve the right to modify this list at any time;
(iii) must be at least 18 years of age (or the age of majority, if greater in the jurisdiction in which you reside); and
(iv) if located outside the United States of America, must not be physically located in or subject to the laws of a jurisdiction in which utilization of the service we provide is restricted by law. It is the User’s responsibility to participate only if participation is not restricted or prohibited by law.
Additionally, the following persons are ineligible to participate in real-money games: employees, officers, directors and paid consultants of TriviaMania (and their immediate family members), and their respective parent companies, subsidiaries and affiliates; and any other person with access to non-public information regarding the operation of any game or tournament offered on our site.
Where Prohibited by Law
As described above, to participate in real-money games, you must not live in a jurisdiction or be subject to the laws of a jurisdiction where participation in the TriviaMania site is prohibited or restricted by law. Individuals residing in a jurisdiction where utilization of any services we offer is prohibited or where the use of the TriviaMania site is prohibited are not eligible to participate in games on the TriviaMania site or receive any winnings. You are subject to all laws of the state, province and/or country in which you reside and from which you access the TriviaMania site and are solely responsible for obeying those laws. You agree that the Company cannot be held liable if laws applicable to you restrict or prohibit your participation. The Company makes no representations or warranties, implicit or explicit, as to your legal rights or restrictions with respect to your participation in any game or tournament offered on the TriviaMania site nor shall any person affiliated or claiming affiliation with the Company have authority to make any such representations or warranties.
The Company reserves the right to monitor the location from which you access the TriviaMania site and to block access from any jurisdiction in which participation may be illegal or restricted in the Company’s opinion. The Company may require any participant receiving any winnings to provide TriviaMania with proof that he or she is eligible to participate as specified above.
Accuracy of Information
You represent and warrant that all information you supply is complete and accurate. If you knowingly submit incomplete or inaccurate information, we have the right to immediately terminate your account and TriviaMania has the right to recover any funds in your account.
You may be required to confirm your identity and personal information by providing additional verification documents as reasonably requested by the Company, including when you withdraw funds, as described below. Your inability to provide such verification documents could result in your access to the TriviaMania site being suspended and all funds being locked to allow for further investigation.
To participate in a real-money game, you will be required to add funds into your account by any of the methods permitted by the TriviaMania site from time to time. A full list of the current deposit methods, together with step-by-step instructions for making a deposit, are available here. Such funds will be deposited into your account upon actual receipt of funds by the Company and/or its agents. Minimum and maximum limits may be applied to the payments into your account, depending upon your history with the TriviaMania site, the method of deposit, and other factors as determined solely by the Company. The Company is not a bank and funds are not insured by any government agency. No interest is payable on amounts on deposit in your Cash Account. All payments into your Cash Account must be from a payment source on which you are the named account holder.
There may be a minimum purchase amount. Please refer to the TriviaMania cashier for more details. This may change from time to time without notice.
TriviaMania may impose dollar amount limitations on the payment transactions you use to fund your activities on the TriviaMania site. The Company may, but is under no obligation to, impose limits on the net dollar amount you may lose on the TriviaMania site in any calendar month; should your losses reach the designated limit, your ability to play cash games offered on the TriviaMania site will be restricted until the beginning of the next calendar month (although you will be free to participate in free games during this period). The Company reserves the right to impose or change these dollar amount limitations at any time. The Company also reserves the right to require you to confirm or validate any or all deposits previously made to your Cash Account. You acknowledge that in the case of a dispute, your validation may be used by the Company as evidence of your deposits.
Third Party Payment Processors.
All references to dollars or “$” on the TriviaMania site are references to US dollars (USD). All transactions (including purchases, entry fees, deposits and withdrawals) will be denominated in US dollars unless otherwise expressly stated. If you make a deposit that is denominated in a currency other than US dollars, please be aware that the funds will be converted into US dollars by our Payment Processors or your financial institution and you may be charged a service fee for such conversion. Please also be aware that Payment Processors or your financial institution may use different conversion rates for deposit and refund transactions. The conversion rate used is not under the control of the Company and we recommend that you contact your financial institution directly for more information.
Game Fees and Prizes
When a User participates in a real-money game or tournament, any game fees for such games are immediately deducted from the User’s account balance. These funds paid by the User represent a payment to the Company made solely for facilities provided by the TriviaMania site for the playing of the real-money game. By participating in a real-money game and paying this fee to TriviaMania, each User acknowledges that these funds are held by the Company for such services and that the User grants an irrevocable authority to pay the winner of the real-money game the prize associated with such real-money game.
Users must also be aware that the total entry fees paid by Users in any given real-money game are not paid out as prizes as TriviaMania retains part of the entry fees as a service fee on all real-money games played. This fee allows for the continued service and maintenance of the TriviaMania site and the development of additional content for existing TriviaMania titles and new TriviaMania titles in the future. The amount of the prize (or prizes) for each real-money game is displayed in the “challenge” window and varies depending on the real-money game being played, the size of the entry fees, the number of prizes and the number of people playing in the real-money game. At present, the real-money prizes in each game or tournament represent 85% of the total game fees, although this is subject to change from time to time by the Company without notice to you.
All of your past financial transactions on the TriviaMania site can be seen in your Transaction History page of the TriviaMania site, which is under the “My Account” tab. If you have any questions regarding transactions within your Transaction History, note the Transaction ID and have it on hand when contacting TriviaMania customer care.
The Company reserves the right to combine some or all financial transactions (such as deposits or withdrawals) initiated by the User. For example; if a User makes a deposit of $10 via credit card at 1:00 p.m. and then another deposit for $40 is made using the same card at 4:00 p.m. the same day, the Company may see fit to initiate a one time debit of funds from the credit card company in the amount of $50, rather than the two separate charges of $10 and $40. Although the individual transactions will show up in that User’s Transaction History on the TriviaMania site, the amalgamated transaction will show up on their credit card statement; please check your Transaction History if you have a question about your credit card statement, as it may be a result of an amalgamation of transactions (payments and withdrawals).
Users may request a withdrawal of funds from their available cash account balance in their account at any time. Account holders with pending deposits must wait until those funds clear before requesting a withdrawal. Withdrawing privileges will also be revoked for security purposes when account fraud is suspected.
There is a minimum withdrawal and there may be withdrawal fees required if special handling is requested. TriviaMania has a maximum weekly withdrawal of one hundred dollars ($100). Withdrawal requests for larger amounts may be accepted, but will be processed at a rate of one hundred dollars per week. Please refer to the TriviaMania cashier for more details. This may change from time to time without notice.
Withdrawal requests will be handled by the Company in a timely fashion. If you do not receive your withdrawal within the time estimated, please contact customer support at customercare@TriviaMania.com .
The withdrawal process is designed to minimize customer fees and add an additional element of security to protect TriviaMania’s customers. In the ongoing pursuit of abolishing fraudulent behavior and account hijacking, the Company reserves the right to require the User or credit card company (if applicable) to submit verification of identification to ascertain the validity of a withdrawal request and the identity of the User. Withdrawal payments will not be made until such verification is received; if the Company has not received verification within 10 days, the withdrawal request will be canceled and the account in question will be suspended.
Your winnings are awarded to you in their entirety, and all federal, state, and local taxes due in connection with any winnings awarded to you are your sole liability.
Forfeiture and Account Suspension/Termination
The Company is committed to taking all necessary measures to prevent anything that gives a User an unfair advantage over another User. We are also committed to ensuring that the TriviaMania environment is an enjoyable place to work and play. We reserve the right to take immediate action in the event that we believe a User is failing to observe the Terms and Conditions contained herein.
As described below, if you are found to be violating the TriviaMania Terms and Conditions, we may suspend or revoke your account or the funds in your account, or seize funds in your account to repay Users who you have cheated against and/or commence civil and criminal legal proceedings against you. TriviaMania may cooperate with legal authorities and third parties in the investigation of any suspected or alleged crime or civil wrong.
The Company reserves the right, in its sole discretion, to take any or all of the steps described above if the Company determines, acting reasonably, that: (i) you have breached any term of these Terms and Conditions; (ii) you are participating in any attempt to defraud the Company through the use of credit cards or other methods of payment, regardless of the outcome; (iii) you have failed to honor legitimate charges or requests for payment, or you have ‘charged back’ or denied any of the purchases or deposits that you made to your account; (iv) you are participating in any attempt to cheat another User through collusion or other techniques, regardless of the outcome; or (v) you become bankrupt or subject to analogous proceedings anywhere in the world.
The failure of the Company to enforce at any time any of the provisions of these Terms and Conditions, or the failure to require at any time performance by you of any of the provisions of these Terms and Conditions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of the Company to enforce each and every such provision thereafter. The express waiver by the Company of any provision, condition or requirement of these Terms and Conditions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
If you do not use your account by logging on and playing a game of any type, your account will be deemed inactive. You can, at any time, reactivate your account.
When an account has been deemed inactive, the account may be charged an administration fee once per month. If the account is reactivated, the Company will no longer charge the administration fee. Administration fees will only be charged to accounts with a positive balance.
You are entitled to close your account at any time by contacting Support . The Company will respond to your request within a reasonable time provided that you continue to assume responsibility for all activity on your account until such closure has been effected by us. The Company is entitled to terminate these Terms and Conditions immediately on notice (or attempted notice) to you at the email address you have provided the Company.