Big Money Trivia Terms and Conditions - Last Updated November 1st, 2009
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY
The BigMoneyTrivia.com website (the “Site ”, or “Big Money Trivia Site”) is owned and operated by Big Money Trivia, Inc. or its subsidiaries and affiliates (the “Company” or “Big Money Trivia” or "BMT Inc.”). Use of the Site by any user ("User" or "Member") constitutes acknowledgement and agreement that said user is subject to these Terms and Conditions, the Privacy Policy, the Community Policy, the Cashout Policy, and other policies the company may establish from time to time collectively (the “Policies”).
1. Terms and conditions
The establishment of an account (“Account”) and/or the participation in any game or tournament validates your acknowledgement of, and agreement to be bound by Big Money Trivia’s Terms and Conditions. If you oppose these Terms and Conditions, which includes by incorporation the policies listed above, you may not access or otherwise use the Site or its services.
2. Amendments to terms of service
The Company reserves the right to amend the Site’s Terms and Conditions at any time. Your continued use of the Big Money Trivia Site following such modifications signifies your acceptance of those modifications. You are responsible for reviewing these Terms and Conditions periodically for any such modifications.
3. Entire agreement
These Terms and Conditions, in connection with the other obligations and rules detailed in writing on the Site, constitute the entire agreement between you and the Site and cannot be modified by you. These Terms and Conditions cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with the Site or the Company. Nothing in this subsection will prevent the Company from modifying the terms of these Terms and Conditions and posting such modifications on the Site.
4. Severability
If any portion of these Terms and Conditions is deemed void or unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not influence 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.
5. Term
The license for use of the Site shall be effective from the date you begin using the Site until the date of termination. This license shall terminate automatically when any of the following occur: (i) the Company removes the Site, or (ii) you fail to obey the restrictions described herein. Further, the Company may terminate this license at any time by providing individual or public notice of the intent to terminate.
6. Eligibility
To participate in any real-money games (defined below) offered on the Big Money Trivia 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 Connecticut Delaware Florida Illinois Iowa | Louisiana Maryland Montana South Carolina South Dakota Tennessee Vermont |
We reserve the right to modify this list at any time; the ultimate responsibility for eligibility compliance lies with the User. The User is expected to be familiar with their respective laws and jurisdiction.
(iii) must be at least 18 years of age (or the age of majority, if greater in the jurisdiction in which you reside); herein referred to as the “Qualified Age”.
(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.
Big Money Trivia does not consider the Big Money Trivia Site or any of the free services to be for individuals under the Qualified Age. By using the Site you confirm that you are the Qualified Age or older. If you are under the Qualified Age please do not access the Big Money Trivia Site. You agree that if your computer/web device and or internet connection accesses the Site that you will not allow children under the “Qualified Age” to access the Site and that if you do allow children under the “Qualified Age” to access the Big Money Trivia Site or its free services with your computer/web device and or internet connection that you will assume full liability for any consequences and that NEITHER BMT INC, ANY THIRD PARTY CONTENT PROVIDER, NOR THEIR RESPECTIVE AGENTS, EMPLOYEES, DIRECTORS, AFFILIATES OR CONTRACTORS, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SITE BY USERS UNDER THE QUALIFIED AGE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Additional persons not eligible
Notwithstanding Section 6 “Eligibility”, the following persons are ineligible to participate in any tournament or receive any prize offered on the Big Money Trivia Site: employees, officers, and directors (and their immediate family members) of BMT, Inc.; its parent companies, subsidiaries, and affiliates; and any other persons (“Other Persons”) with access to non-public information regarding the operation of any tournament offered on the Site. For purposes of this section, immediate family members include parents, siblings, spouses, children, or any other individual permanently residing in the same household with such employee, officer, director or Other Persons.
8. 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 Big Money Trivia 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 Big Money Trivia Site is prohibited, are not eligible to participate in games on the Big Money Trivia 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 Big Money Trivia 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 Big Money Trivia 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 Big Money Trivia 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 the Company with proof that he or she is eligible to participate as specified above.
9. 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 Big Money Trivia 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 in Section 23 Withdrawal Process, and in the Cashout Policy. Your inability to provide such verification documents could result in your access to the Big Money Trivia Site being suspended, and all funds being locked to allow for further investigation.
All information you provide is protected by our Privacy Policy.
10. User accounts
Every Big Money Trivia player (a “ User “) is allowed only a single Account on our Site. Big Money Trivia reserves the right to enforce this limitation by requesting a system wide exclusive email address and/or credit card number. We monitor compliance with this requirement and you grant us the right to check for unique email addresses, real world addresses, credit card numbers and/or any other payment forms used to establish an Account. If it is determined that any User has circumvented this limitation, the Company has the right to take such action as it deems appropriate, at its sole and absolute discretion, at any time. Any monies associated with closed Accounts are subject to forfeiture. Should you wish to create a new user Account please contact Customer Service at TheGoodFolks@BigMoneyTrivia.com.
Automated software programs ("bots") of all forms are banned from BigMoneyTrivia.com and its subsidiary sites. Any person using these programs for any purpose are subject to sanction, including, but not limited to forfeiture of accounts, subject to the sole discretion of the management of BMT, Inc. These persons may also be subject to civil or criminal penalties where applicable.
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 Big Money Trivia 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 Big Money Trivia Site.
Where we determine in our sole and absolute discretion that there may be fraudulent activity on an Account, we may withhold the payment of funds potentially available for withdrawal by a Member until the matter has been resolved and/or until the end of the charge-back period which applies to the payment method used to pay-in the relevant funds.
11. Privacy policy
The Company will not intentionally disclose any personally identifying information about you (including information submitted on the application form, your e-mail address, information obtained by the Company from cookies, and information regarding your IP address) to third parties without your consent except where the Company, in good faith, believes such disclosure is necessary to comply with the law or to enforce these Terms and Conditions or other rules of the Site. However, your acceptance of any prize from the Site constitutes consent for the Site’s disclosure of your user name and any likeness, if applicable, for promotion and other purposes. The Company reserves the right to collect general demographic and other market information that does not personally identify you to any person without additional consent, with the exception of Section 14 below. To view the Site’s full privacy policy, click on the following link: Privacy Policy.
12. Big Money Trivia games
Big Money Trivia provides our Members with the ability to play the games on the Site and to participate in tournaments with other Members. Generally any game where we provide a cash prize is a game of pure skill. For more information regarding the legal requirements for games, see Section 6, above. Thus, when participating in a tournament with other Members, it is generally your speed and skill in playing the game that is assessed against other members, and the winner will be the Member who, through skill and judgment, scores the most points in the relevant game. You should familiarize yourself by going through our Tutorial and Demo Games before entering a tournament.
The results and winners of each game or tournament available on the Big Money Trivia Site will be determined by the Company in its sole and absolute discretion. In the event of a dispute relating to a Big Money Trivia 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 Service and Fraud Prevention personnel, which are final in all respects.
We are not responsible for your access to the Internet. In order to use the Big Money Trivia Site, you must have Internet access and the skills required for web usage.
The games and tournaments offered at the Site will function best if your computer meets the technical requirements listed in our Technical Requirement section. It is your sole responsibility to confirm the technical compatibility between your computer system and the Big Money Trivia Service. If a User loses connection during a game, Big Money Trivia will attempt to keep them in the game as long as possible. This varies from game to game. If a User cannot re-connect prior to the conclusion of the game, the User will retain the number of chips they held prior to disconnection, subject to the proviso below. During question rounds, Users who have lost their 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, no bets will be placed on behalf of the User while the User is offline. In the event of a technical issue on a Big Money Trivia server, the company reserves the right to delay the game or games while it attempts to remedy the problem. In the event the problem cannot be remedied to the company’s satisfaction, Big Money Trivia may pay out prizes or cash in accordance with the original prize pool based upon the ranking at the time the service interruption occurs, as if the game had ended. This determination will be made solely at the discretion of Big Money Trivia.
Where we determine in our sole and absolute discretion that there may be fraudulent activity on an Account, we may withhold the payment of funds potentially available for withdrawal by a Member until the matter has been resolved and/or until the end of the charge-back period which applies to the payment method used to pay-in the relevant funds.
11. Privacy policy
The Company will not intentionally disclose any personally identifying information about you (including information submitted on the application form, your e-mail address, information obtained by the Company from cookies, and information regarding your IP address) to third parties without your consent except where the Company, in good faith, believes such disclosure is necessary to comply with the law or to enforce these Terms and Conditions or other rules of the Site. However, your acceptance of any prize from the Site constitutes consent for the Site’s disclosure of your user name and any likeness, if applicable, for promotion and other purposes. The Company reserves the right to collect general demographic and other market information that does not personally identify you to any person without additional consent, with the exception of Section 14 below. To view the Site’s full privacy policy, click on the following link: Privacy Policy.
12. Big Money Trivia games
Big Money Trivia provides our Members with the ability to play the games on the Site and to participate in tournaments with other Members. Generally any game where we provide a cash prize is a game of pure skill. For more information regarding the legal requirements for games, see Section 6, above. Thus, when participating in a tournament with other Members, it is generally your speed and skill in playing the game that is assessed against other members, and the winner will be the Member who, through skill and judgment, scores the most points in the relevant game. You should familiarize yourself by going through our Tutorial and Demo Games before entering a tournament.
The results and winners of each game or tournament available on the Big Money Trivia Site will be determined by the Company in its sole and absolute discretion. In the event of a dispute relating to a Big Money Trivia 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 Service and Fraud Prevention personnel, which are final in all respects.
We are not responsible for your access to the Internet. In order to use the Big Money Trivia Site, you must have Internet access and the skills required for web usage.
The games and tournaments offered at the Site will function best if your computer meets the technical requirements listed in our Technical Requirement section. It is your sole responsibility to confirm the technical compatibility between your computer system and the Big Money Trivia Service. If a User loses connection during a game, Big Money Trivia will attempt to keep them in the game as long as possible. This varies from game to game. If a User cannot re-connect prior to the conclusion of the game, the User will retain the number of chips they held prior to disconnection, subject to the proviso below. During question rounds, Users who have lost their 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, no bets will be placed on behalf of the User while the User is offline. In the event of a technical issue on a Big Money Trivia server, the company reserves the right to delay the game or games while it attempts to remedy the problem. In the event the problem cannot be remedied to the company’s satisfaction, Big Money Trivia may pay out prizes or cash in accordance with the original prize pool based upon the ranking at the time the service interruption occurs, as if the game had ended. This determination will be made solely at the discretion of Big Money Trivia.
13. Registration and membership
To become a Member, you must be at least the Qualified Age, register for the Big Money Trivia Service and establish an Account. By registering, you represent that you are at least the Qualified Age, and that you are not prohibited in any way from participating in the games and tournaments we make available. It is your responsibility to ensure that national, state or other laws to which you are subject do not adversely affect your right to participate.
You undertake to register for the Big Money Trivia Service using accurate and current information about yourself. If you are asked for, and provide, details of a credit, debit or charge card, you must ensure that (a) you are fully entitled to use that card or account, and (b) it has available funds sufficient to cover the charges that are deducted from it.
14. Games, winners and prizes
The number of players participating in a tournament, and their relative skill, determine the result of the tournament. In the case of a tie, the Company will combine the winnings for the tied places and divide them evenly among the tied players. Note, you must have a positive score (at least one chip) in order to be eligible to win any cash prize.
Cash prizes, less any applicable withholding tax that we are required by law to pay directly to the US Internal Revenue Service (IRS) on behalf of a Member, (together with any standard information that the IRS may require us to provide in relation to such cash prizes) will be deposited directly into a winning Member’s Account and will usually be available for play within thirty (30) minutes of a tournament's conclusion.
Game rules, scoring, controls and guidelines for all tournaments offered by Big Money Trivia can be found at each specific game section. Any questions or comments regarding this information should be sent to our Customer Service department at TheGoodFolks@BigMoneyTrivia.com.
At the conclusion of each tournament, the Company will list the Usernames and scores of the winning Members. The lists will be available to the participants of the tournaments. The Company reserves the right to use the Members names in publications and marketing materials from time to time in accordance with the Company’s Privacy Policy. For tournaments with substantial prizes the tournament conclusion and posting of winners may be delayed for up to 5 working days by Big Money Trivia to allow for verification of result and prevention of fraud and/or abuse.
Any amounts that are mistakenly credited as winnings to your Account remain our property and will automatically be transferred from your Account upon confirmation of the error. Any winnings mistakenly credited to your Account that have been withdrawn by you before confirmation of the error will constitute a debt owed by you to Big Money Trivia in the amount of such wrongfully attributed winnings.
If you provide materially misleading, inaccurate or incomplete information in your Account, the Company will be entitled to terminate your Account and cause you to forfeit any prizes you may have won, as well as exercise any legal remedies we may have as a result of such conduct.
15. User representations
By creating a Big Money Trivia player Account, each User agrees to the collection, use and disclosure of their personal information as described in the Privacy Policy.
By creating a Big Money Trivia player Account, each User agrees to the Terms and Conditions herein, the Privacy Policy, the Community Policy and the Cashout Policy.
Please note that skill gaming may not be legal in all jurisdictions. By creating a player Account, you represent that your participation in the Big Money Trivia Site is subject to all laws of the jurisdiction in which you reside and from which you access the Big Money Trivia 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 Big Money Trivia Site.
16. Arbitration
To become a Member, you must be at least the Qualified Age, register for the Big Money Trivia Service and establish an Account. By registering, you represent that you are at least the Qualified Age, and that you are not prohibited in any way from participating in the games and tournaments we make available. It is your responsibility to ensure that national, state or other laws to which you are subject do not adversely affect your right to participate.
You undertake to register for the Big Money Trivia Service using accurate and current information about yourself. If you are asked for, and provide, details of a credit, debit or charge card, you must ensure that (a) you are fully entitled to use that card or account, and (b) it has available funds sufficient to cover the charges that are deducted from it.
14. Games, winners and prizes
The number of players participating in a tournament, and their relative skill, determine the result of the tournament. In the case of a tie, the Company will combine the winnings for the tied places and divide them evenly among the tied players. Note, you must have a positive score (at least one chip) in order to be eligible to win any cash prize.
Cash prizes, less any applicable withholding tax that we are required by law to pay directly to the US Internal Revenue Service (IRS) on behalf of a Member, (together with any standard information that the IRS may require us to provide in relation to such cash prizes) will be deposited directly into a winning Member’s Account and will usually be available for play within thirty (30) minutes of a tournament's conclusion.
Game rules, scoring, controls and guidelines for all tournaments offered by Big Money Trivia can be found at each specific game section. Any questions or comments regarding this information should be sent to our Customer Service department at TheGoodFolks@BigMoneyTrivia.com.
At the conclusion of each tournament, the Company will list the Usernames and scores of the winning Members. The lists will be available to the participants of the tournaments. The Company reserves the right to use the Members names in publications and marketing materials from time to time in accordance with the Company’s Privacy Policy. For tournaments with substantial prizes the tournament conclusion and posting of winners may be delayed for up to 5 working days by Big Money Trivia to allow for verification of result and prevention of fraud and/or abuse.
Any amounts that are mistakenly credited as winnings to your Account remain our property and will automatically be transferred from your Account upon confirmation of the error. Any winnings mistakenly credited to your Account that have been withdrawn by you before confirmation of the error will constitute a debt owed by you to Big Money Trivia in the amount of such wrongfully attributed winnings.
If you provide materially misleading, inaccurate or incomplete information in your Account, the Company will be entitled to terminate your Account and cause you to forfeit any prizes you may have won, as well as exercise any legal remedies we may have as a result of such conduct.
15. User representations
By creating a Big Money Trivia player Account, each User agrees to the collection, use and disclosure of their personal information as described in the Privacy Policy.
By creating a Big Money Trivia player Account, each User agrees to the Terms and Conditions herein, the Privacy Policy, the Community Policy and the Cashout Policy.
Please note that skill gaming may not be legal in all jurisdictions. By creating a player Account, you represent that your participation in the Big Money Trivia Site is subject to all laws of the jurisdiction in which you reside and from which you access the Big Money Trivia 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 Big Money Trivia Site.
16. Arbitration
You agree that any Dispute between you and Big Money Trivia will be resolved exclusively and finally by arbitration administered by the National Arbitration Forum ("NAF") or any successor organization and conducted under its rules, except as otherwise provided below. The arbitration will be conducted before a single arbitrator, and will be limited solely to the Dispute between you and us. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class action basis. The arbitration shall be held at a reasonable location in Denver, CO. If you prevail in the arbitration of any Dispute with us, we will reimburse you for any fees you paid to NAF in connection with the arbitration. If Big Money Trivia prevails, you agree to reimburse the Company for its fees and costs related to the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on both parties, and judgment may be entered thereon in any court of competent jurisdiction. Should either party bring a Dispute in a forum other than NAF, the arbitrator may award the other party its reasonable costs and expenses, including attorneys' fees, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with this dispute resolution provision. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class action basis, and that you have expressly and knowingly waived those rights and agreed to resolve any Disputes through binding arbitration in accordance with the provisions of this paragraph. This arbitration provision shall be governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et seq. For the purposes of this provision, the term "Dispute" means any dispute, controversy, or claim arising out of or relating to (i) this agreement, its interpretation, or the breach, termination, applicability or validity thereof, (ii) the related order for, purchase, delivery, receipt or use of any product or service from us, or iii) any other dispute arising out of or relating to the relationship between you and us; the term "US" means us and their parents, subsidiaries, affiliates, directors, officers, employees, beneficiaries, agents, assigns, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by us.
By accessing this website, you represent that you have read this agreement in its entirety, understand its terms, are duly authorized to execute this agreement on behalf of yourself, and you will be bound by these terms. In addition, if we fail to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. If we fail to enforce in one or more instances any of these terms shall not be construed as a waiver of the future performance of any term. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this agreement or use of the Service must be filed within one (1) year after such claim or cause of action arises or be forever barred.
17. Technical requirements
Required Software: Microsoft Silverlight.
Monitor: a minimum resolution of 800 x 600.
Note: Big Money Trivia strongly recommends that you have a DSL connection or better to play. Although play is available for dial-up connections, the Company assumes no responsibility for latency issues and associated problems that could occur due to a slow connection.
18. Deposits
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 Big Money Trivia Site from time to time. A full list of the current deposit methods, together with step-by-step instructions for making a deposit, is available at the Cashier in the Main Lobby. 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 Big Money Trivia Site, the method of deposit, and other factors as determined solely by the Company. This may change from time to time without notice. The Company also reserves the right to require a minimum purchase amount at any time. 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 Account. All payments into your Account must be from a payment source on which you are the named account holder.
The Company also reserves the right to require you to confirm or validate any or all deposits previously made to your Account. You acknowledge that in the case of a dispute, your validation may be used by the Company as evidence of your deposits.
19. Third party payment processors
The Company may use third party payment processors and financial institutions (“Payment Processors”) to process deposits and withdrawals into and from your Account. The information that we provide to and receive from these Payment Processors and the manner in which such information is used and disclosed is described in further detail in the Privacy Policy. You irrevocably authorize us, as necessary, to instruct such Payment Processors to handle Account deposits and withdrawals from your Account and you irrevocably agree that the Company may give such instructions on your behalf in accordance with your requests as submitted through the Big Money Trivia Site, or via instructions to Customer Service at TheGoodFolks@BigMoneyTrivia.com. You agree to be bound by the terms and conditions of use of each applicable Payment Processor, and in the event of a conflict between these Terms and Conditions and the Payment Processors’ terms and conditions, then these Terms and Conditions shall prevail. You agree that the Company is not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party in connection with your use of the Big Money Trivia Site.
20. Currency
All references to dollars or “$” on the Big Money Trivia 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.
21. Transaction history
Your past financial transactions and game results can be seen in your "Account History" page in the Main Lobby, which is under the “Cashier” tab. If you have any questions regarding transactions within your Transaction History, note the Transaction ID and have it on hand when contacting Big Money Trivia Customer Service at TheGoodFolks@BigMoneyTrivia.com.
22. Transaction amalgamation
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 onetime 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 Big Money Trivia 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).
23. Withdrawal process
Users may request a withdrawal of funds from their available Account balance in their account at any time. Account holders with pending deposits must wait until those funds clear before requesting a withdrawal of those funds. 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 required. Please refer to the Big Money Trivia Cashout Policy for more details. This may change from time to time without notice.
The withdrawal process is designed to minimize customer fees and add an additional element of security to protect Big Money Trivia’s customers. In the ongoing pursuit of abolishing fraudulent behavior and account hijacking, the Company reserves the right to require the User 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.
All taxes, fees and surcharges on prizes are the sole responsibility of the game winners. Big Money Trivia, by law, may be required to withhold certain taxes or other assessment with respect to the prizes awarded on Big Money Trivia and reserves the right to withhold any such applicable taxes with respect to such prizes.
Current IRS regulations require Big Money Trivia to send 1099 Forms to all U.S. citizens who win more than $600 in any calendar year. Big Money Trivia will send the forms within the first 45 days of the New Year. The IRS also requires the reporting of any transaction involving more than $10,000.
To comply with these regulations, Big Money Trivia may require winners to provide their social security numbers prior to the release of their winnings. Non-U.S. residents are subject to United States tax withheld from winnings and are responsible for any local taxes.
24. 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 Big Money Trivia 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 Big Money Trivia 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. Big Money Trivia 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, bots 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.
25. Inactive accounts
If you do not use your account by logging on and playing a game of any type for a period 90 days, your account will be deemed inactive and you will cease to be eligible for any promotions or bonuses. You can, at any time, reactivate your account by logging in and playing a game.
When an account has been deemed inactive, the account may be charged an administration fee once per month of $5.00. 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.
26. Termination
You are entitled to close your account at any time by contacting Customer Service at TheGoodFolks@BigMoneyTrivia.com. 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.
27. License to use the website
Big Money Trivia grants you, the Member, a non-exclusive, non-transferable, limited right and license to access, use and privately display the website and the materials thereon for personal use only, by way of one (1) computer connected to the website over the Internet, provided that you comply fully with these Terms and Conditions. You may “cache” pages of the website for future use and access rather than re-fetching or re-computing the original data, so that the average access time is shorter, however any other copy or use of a portion of the website will constitute a copyright violation. You shall not interfere or attempt to interfere with the operation of the website in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these Terms and Conditions.
28. Changes in website ownership
Members will be deemed to have consented to the transfer and/or disclosure to any subsequent owner of this website, of any information submitted by the Member and contained in Big Money Trivia's database if Big Money Trivia assigns all of its rights and obligations regarding the use of the Member’s information at the time of a merger, acquisition, or sale of all or substantially all of Big Money Trivia's assets.
29. Ownership of website content and website code
The website content (“Website Content”) and website code (“Website Code”) as they exist on the website are offered to you by Big Money Trivia for limited use pursuant to these Terms and Conditions. As used herein, “Website Content” means any and all human audio and/or visual elements of this website created or owned by Big Money Trivia, or 3rd parties, including, without limitation, any text, graphics, images, illustrations, photographs, animations, video, audio or audiovisual works (including, for example, without limitation, designs, logos, trade names, information, and other content made available through the website). “Website Code” means any and all underlying elements of the website, including without limitation, source code, script, object code, software, computer programs, and other sets of statements and instructions contained in the underlying website.
The names "Big Money Trivia"TM, "BigMoneyTrivia.com"TM, "Classic Trivia Challenge"TM, and "College Trivia Challenge"TM, as well as all website content and code, as well as all game content and code, are owned by Big Money Trivia and/or its licensors and content providers. Unless expressly permitted in writing by Big Money Trivia, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part any website content or code or game content or code. Any violation of this section will face legal action to the extent the law provides.
Any modification of the website content or code, or game content or code, or any portion thereof, or use of the website content or website code for any unauthorized purpose constitutes an infringement of Big Money Trivia's copyrights and other proprietary rights. Use of the website content or website code on any other website or other networked computer environment is prohibited without prior written permission from Big Money Trivia. Please contact Customer Service at TheGoodFolks@BigMoneyTrivia.com to notify the Company of any violation of these Terms and Conditions.
30. Software
From time to time, and at its sole discretion, Big Money Trivia may make available to Members certain software that may be accessible or downloaded from this website. In the event that you access or download software from this website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by Big Money Trivia or a Big Money Trivia - approved third party software provider (“Third Party Provider”). Big Money Trivia does not transfer title of the Software to you. You own the medium on which the Software is recorded, but Big Money Trivia retains full and complete title to its Software, and all intellectual property rights therein. Furthermore, your use of any Software of a Third Party Provider shall be subject to the terms and Conditions set forth by such Third Party Provider and any applicable license agreement for its Software.
31. Disclaimer
THE WEBSITE, THE WEBSITE MATERIALS, OTHER SITES AFFILIATED WITH OR LINKED TO BIG MONEY TRIVIA, AND THE SOFTWARE, IF APPLICABLE, ARE PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BIG MONEY TRIVIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BIG MONEY TRIVIA DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE WEBSITE, THE WEBSITE MATERIALS, THE FORUMS OR THE SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE, THE SERVER ON WHICH IT RESIDES, OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE, WEBSITE MATERIALS, SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. BIG MONEY TRIVIA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE, THE WEBSITE MATERIALS, THE FORUMS OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BIG MONEY TRIVIA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
INFORMATION AND OPINIONS EXPRESSED IN THE FORUMS ARE NOT NECESSARILY THOSE OF BIG MONEY TRIVIA. NEITHER BIG MONEY TRIVIA, ITS OFFICERS, DIRECTORS, CONTRACTORS, EMPLOYEES, AGENTS, DISTRIBUTORS OR AFFILIATES ARE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE (INCLUDING, BUT NOT LIMITED TO, ACTUAL, CONSEQUENTIAL OR PUNITIVE), LIABILITY, CLAIM OR OTHER INJURY OR CAUSE RELATED TO OR RESULTING FROM ANY INFORMATION POSTED ON THE WEBSITE OR FORUMS.
32. Limitation of liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL BIG MONEY TRIVIA BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, THE WEBSITE MATERIALS, OR THE SOFTWARE, EVEN IF BIG MONEY TRIVIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHILE BIG MONEY TRIVIA TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEB WEBSITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, BIG MONEY TRIVIA SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL BIG MONEY TRIVIA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
Required Software: Microsoft Silverlight.
Monitor: a minimum resolution of 800 x 600.
Note: Big Money Trivia strongly recommends that you have a DSL connection or better to play. Although play is available for dial-up connections, the Company assumes no responsibility for latency issues and associated problems that could occur due to a slow connection.
18. Deposits
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 Big Money Trivia Site from time to time. A full list of the current deposit methods, together with step-by-step instructions for making a deposit, is available at the Cashier in the Main Lobby. 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 Big Money Trivia Site, the method of deposit, and other factors as determined solely by the Company. This may change from time to time without notice. The Company also reserves the right to require a minimum purchase amount at any time. 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 Account. All payments into your Account must be from a payment source on which you are the named account holder.
The Company also reserves the right to require you to confirm or validate any or all deposits previously made to your Account. You acknowledge that in the case of a dispute, your validation may be used by the Company as evidence of your deposits.
19. Third party payment processors
The Company may use third party payment processors and financial institutions (“Payment Processors”) to process deposits and withdrawals into and from your Account. The information that we provide to and receive from these Payment Processors and the manner in which such information is used and disclosed is described in further detail in the Privacy Policy. You irrevocably authorize us, as necessary, to instruct such Payment Processors to handle Account deposits and withdrawals from your Account and you irrevocably agree that the Company may give such instructions on your behalf in accordance with your requests as submitted through the Big Money Trivia Site, or via instructions to Customer Service at TheGoodFolks@BigMoneyTrivia.com. You agree to be bound by the terms and conditions of use of each applicable Payment Processor, and in the event of a conflict between these Terms and Conditions and the Payment Processors’ terms and conditions, then these Terms and Conditions shall prevail. You agree that the Company is not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party in connection with your use of the Big Money Trivia Site.
20. Currency
All references to dollars or “$” on the Big Money Trivia 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.
21. Transaction history
Your past financial transactions and game results can be seen in your "Account History" page in the Main Lobby, which is under the “Cashier” tab. If you have any questions regarding transactions within your Transaction History, note the Transaction ID and have it on hand when contacting Big Money Trivia Customer Service at TheGoodFolks@BigMoneyTrivia.com.
22. Transaction amalgamation
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 onetime 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 Big Money Trivia 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).
23. Withdrawal process
Users may request a withdrawal of funds from their available Account balance in their account at any time. Account holders with pending deposits must wait until those funds clear before requesting a withdrawal of those funds. 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 required. Please refer to the Big Money Trivia Cashout Policy for more details. This may change from time to time without notice.
The withdrawal process is designed to minimize customer fees and add an additional element of security to protect Big Money Trivia’s customers. In the ongoing pursuit of abolishing fraudulent behavior and account hijacking, the Company reserves the right to require the User 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.
All taxes, fees and surcharges on prizes are the sole responsibility of the game winners. Big Money Trivia, by law, may be required to withhold certain taxes or other assessment with respect to the prizes awarded on Big Money Trivia and reserves the right to withhold any such applicable taxes with respect to such prizes.
Current IRS regulations require Big Money Trivia to send 1099 Forms to all U.S. citizens who win more than $600 in any calendar year. Big Money Trivia will send the forms within the first 45 days of the New Year. The IRS also requires the reporting of any transaction involving more than $10,000.
To comply with these regulations, Big Money Trivia may require winners to provide their social security numbers prior to the release of their winnings. Non-U.S. residents are subject to United States tax withheld from winnings and are responsible for any local taxes.
24. 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 Big Money Trivia 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 Big Money Trivia 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. Big Money Trivia 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, bots 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.
25. Inactive accounts
If you do not use your account by logging on and playing a game of any type for a period 90 days, your account will be deemed inactive and you will cease to be eligible for any promotions or bonuses. You can, at any time, reactivate your account by logging in and playing a game.
When an account has been deemed inactive, the account may be charged an administration fee once per month of $5.00. 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.
26. Termination
You are entitled to close your account at any time by contacting Customer Service at TheGoodFolks@BigMoneyTrivia.com. 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.
27. License to use the website
Big Money Trivia grants you, the Member, a non-exclusive, non-transferable, limited right and license to access, use and privately display the website and the materials thereon for personal use only, by way of one (1) computer connected to the website over the Internet, provided that you comply fully with these Terms and Conditions. You may “cache” pages of the website for future use and access rather than re-fetching or re-computing the original data, so that the average access time is shorter, however any other copy or use of a portion of the website will constitute a copyright violation. You shall not interfere or attempt to interfere with the operation of the website in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these Terms and Conditions.
28. Changes in website ownership
Members will be deemed to have consented to the transfer and/or disclosure to any subsequent owner of this website, of any information submitted by the Member and contained in Big Money Trivia's database if Big Money Trivia assigns all of its rights and obligations regarding the use of the Member’s information at the time of a merger, acquisition, or sale of all or substantially all of Big Money Trivia's assets.
29. Ownership of website content and website code
The website content (“Website Content”) and website code (“Website Code”) as they exist on the website are offered to you by Big Money Trivia for limited use pursuant to these Terms and Conditions. As used herein, “Website Content” means any and all human audio and/or visual elements of this website created or owned by Big Money Trivia, or 3rd parties, including, without limitation, any text, graphics, images, illustrations, photographs, animations, video, audio or audiovisual works (including, for example, without limitation, designs, logos, trade names, information, and other content made available through the website). “Website Code” means any and all underlying elements of the website, including without limitation, source code, script, object code, software, computer programs, and other sets of statements and instructions contained in the underlying website.
The names "Big Money Trivia"TM, "BigMoneyTrivia.com"TM, "Classic Trivia Challenge"TM, and "College Trivia Challenge"TM, as well as all website content and code, as well as all game content and code, are owned by Big Money Trivia and/or its licensors and content providers. Unless expressly permitted in writing by Big Money Trivia, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part any website content or code or game content or code. Any violation of this section will face legal action to the extent the law provides.
Any modification of the website content or code, or game content or code, or any portion thereof, or use of the website content or website code for any unauthorized purpose constitutes an infringement of Big Money Trivia's copyrights and other proprietary rights. Use of the website content or website code on any other website or other networked computer environment is prohibited without prior written permission from Big Money Trivia. Please contact Customer Service at TheGoodFolks@BigMoneyTrivia.com to notify the Company of any violation of these Terms and Conditions.
30. Software
From time to time, and at its sole discretion, Big Money Trivia may make available to Members certain software that may be accessible or downloaded from this website. In the event that you access or download software from this website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by Big Money Trivia or a Big Money Trivia - approved third party software provider (“Third Party Provider”). Big Money Trivia does not transfer title of the Software to you. You own the medium on which the Software is recorded, but Big Money Trivia retains full and complete title to its Software, and all intellectual property rights therein. Furthermore, your use of any Software of a Third Party Provider shall be subject to the terms and Conditions set forth by such Third Party Provider and any applicable license agreement for its Software.
31. Disclaimer
THE WEBSITE, THE WEBSITE MATERIALS, OTHER SITES AFFILIATED WITH OR LINKED TO BIG MONEY TRIVIA, AND THE SOFTWARE, IF APPLICABLE, ARE PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BIG MONEY TRIVIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BIG MONEY TRIVIA DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE WEBSITE, THE WEBSITE MATERIALS, THE FORUMS OR THE SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE, THE SERVER ON WHICH IT RESIDES, OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE, WEBSITE MATERIALS, SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. BIG MONEY TRIVIA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE, THE WEBSITE MATERIALS, THE FORUMS OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BIG MONEY TRIVIA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
INFORMATION AND OPINIONS EXPRESSED IN THE FORUMS ARE NOT NECESSARILY THOSE OF BIG MONEY TRIVIA. NEITHER BIG MONEY TRIVIA, ITS OFFICERS, DIRECTORS, CONTRACTORS, EMPLOYEES, AGENTS, DISTRIBUTORS OR AFFILIATES ARE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE (INCLUDING, BUT NOT LIMITED TO, ACTUAL, CONSEQUENTIAL OR PUNITIVE), LIABILITY, CLAIM OR OTHER INJURY OR CAUSE RELATED TO OR RESULTING FROM ANY INFORMATION POSTED ON THE WEBSITE OR FORUMS.
32. Limitation of liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL BIG MONEY TRIVIA BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, THE WEBSITE MATERIALS, OR THE SOFTWARE, EVEN IF BIG MONEY TRIVIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHILE BIG MONEY TRIVIA TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEB WEBSITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, BIG MONEY TRIVIA SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL BIG MONEY TRIVIA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
