Terms and Conditions

SUMMARY

Brainstormer Pub Quiz® ("Brainstormer") provides services subject to the following conditions. If you visit the Brainstormer site, you accept these conditions. Please read them carefully. If these Terms and Conditions are not accepted in full by you, you do not have permission to access the contents of this website and therefore should cease using this web site immediately.

PRIVACY

Please review our Privacy Policy that also governs use of the Brainstormer site, to understand how we may use information we collect.

COPYRIGHT

i. All content included on this site, such as text, graphics and images, logos, icons, databases is the property of Brainstormer and is protected by United States and international copyright laws. All software used on this site is the property of Brainstormer or its software or service suppliers and protected by United States and international copyright laws. ii. By using the Brainstormer web site you agree not to copy, store in any medium (including in any other website), distribute, transmit, broadcast, modify, or show in public any part of the Brainstormer website, including, but not limited to trivia questions and answers, logos, names, pictures without the prior written permission of Brainstormer.

TRADEMARKS

Brainstormer Pub Quiz® and the light bulb logo are registered trademarks of Brainstormer Pub Quiz® in the United States. Brainstormer and all associated logos are trademarks of Brainstormer in the United States and other countries. Brainstormer's trademarks may not be used in connection with any product or service that is not Brainstormer's, in any manner without express written permission from Brainstormer. All other trademarks not owned by Brainstormer that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, sponsor or be sponsored by Brainstormer.

©2003 Brainstormer Pub Quiz ®. All Rights Reserved. Trademarks Registered with United States Patent and Trademark Office.

USE OF OUR SITE

Use of this site constitutes your acceptance of these terms and conditions, which take effect immediately on your first use of the site. Brainstormer reserves the right to change these terms and conditions at any time by posting changes online.

Brainstormer grants you a limited license to access and make personal use of this site and materials contained therein and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Brainstormer. This site or any portion of this site may not be reproduced, copied, sold, resold, stored in a retrieval system, or otherwise exploited for any commercial purpose without express written consent of Brainstormer. Any unauthorized use terminates the permission or license granted by Brainstormer. Brainstormer may grant a limited, revocable, and nonexclusive right to create a hyperlink to the homepage, www.brainstormer.com, as long as the link does not portray Brainstormer or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Brainstormer logo or other proprietary graphic or trademark as part of the link without express written permission. Permission to link to us is granted in most cases but only upon request from Brainstormer and we refuse the right to deny such permission to sites that contain pornographic material or any site that we may deem to be offensive or inappropriate.

EMAIL

When you visit the Brainstormer site and join our mailing list, or send us e-mails or request a brochure or other information from us you consent to receive communications from us electronically. Each message you receive from Brainstormer will include information why you are receiving it and clear instructions on how to unsubscribe from our mailing list. Under no circumstances will we give specific, identifiable information about our users to outside third parties. Refer to our Privacy Policy for more details.

PURCHASING TRIVIA MATERIAL AND QUIZ PACKS

Visitors to this Web site who purchase trivia material or Quiz Packs become Customers of Brainstormer and agree to the following conditions:

Brainstormer.com (Owner), owns the proprietary, service and trademark rights of the Brainstormer Pub Quiz® (the "Quiz") and has the sole power and authority to license the use of the Quiz.

Each customer is granted a limited license to present and perform the Quiz, subject to the terms and conditions of this Agreement. In connection with this license:

  1. Customer agrees to use and not to substitute or modify official Brainstormer Pub Quiz® materials, including but not limited to answer sheets, play cards or promotional materials without prior written approval from Owner.
  2. The fee to be paid for Quiz packages shall be the current market rate per package as listed at www.brainstormer.com Customer agrees to remit payment of fees, any applicable sales tax, handling and shipping costs, in full, prior to delivery.
  3. Each Quiz package is available for a one-time, non-exclusive use at one trivia quiz event only, and only at the particular place of business to which the Quiz package shall be delivered as agreed herein. Any other or further use is unauthorized and shall constitute breach of this Agreement. After one use, each Quiz Package and its contents must be destroyed and cannot be archived in any form by Customer.
  4. Customer on its own behalf, and on behalf of its members, officers, employees, agents, and representatives, recognizes and agrees that the Quiz is proprietary information and shall not be reproduced, copied, sold, resold, stored in a retrieval system, or otherwise exploited for any commercial benefit without express written consent of Brainstormer. Customer shall not sublicense the rights granted it in this Agreement without the express written approval of Owner.
  5. Customer will refer to “Brainstormer Pub Quiz®” and/or “Brainstormer.com” in conjunction with Customer’s logo and marketing text in all media when advertising or promoting trivia quiz events or shows using Brainstormer packs. Customer will also insert a hyperlink to www.brainstormer.com at Customer’s Web site.
  6. Owner will list regular Customer’s place(s) of business/Quiz venue(s) at Owner’s website (www.brainstormer.com), and will insert a hyperlink to Customer’s affiliated Web site for the duration of this Agreement. ‘Regular Customer’ refers to those Customers who host at least one Quiz Show event per month.
  7. Customer is permitted to use the term ‘Brainstormer’ and/or logos owned and copyrighted by owner only when using trivia materials that have been obtained from Owner.
  8. Customer agrees to hold harmless and indemnify the Owner against any loss, cost, damage or expense arising from or relating to any claim, action or proceeding that may arise from Customer’s use of Brainstormer Quiz Packs or materials.
  9. The terms of this agreement shall apply to any Brainstormer Quiz Packs or materials. ordered by Customer in the future.
  10. Brainstormer Pub Quiz® offers an entertainment event that is not to be used in any illegal way. If your organization intends to use "cash" or charge an entry fee to play, or to award cash or alcohol as prizes, please check with your local municipality regarding their rules, regulations and/or permits that may be available and abide by their directives. Brainstormer accepts no responsibility for Customer’s failure to abide by such directives.
  11. Refunds - We do not offer refunds on our Quiz products including, but not limited to our Deluxe Quiz Pack, delivered to your premises, and our Download Quiz which is downloaded to your computer desktop. Please carefully read the item description prior to placing your order.
  12. This agreement shall be binding upon the parties and their successors and assigns. It shall be interpreted according to the law of the United States Government and the State of California.
  13. If action is brought to enforce the terms of this Agreement, Customer agrees that Owner is entitled to equitable relief, including appropriate injunctions and restraining orders, as well as general damages and is entitled to reasonable attorneys fees and court costs incident to the enforcement of this Agreement.
  14. Brainstormer may modify these Terms of Use from time to time and any such modification shall be effective immediately upon the display of such modification at the Brainstormer Web site. Your continued use after such display will constitute your acceptance of such modification. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

USER SUBMITTED MATERIAL

Visitors to this site who choose to make a contribution to this site (including without limitation any trivia questions and answers (trivia) submitted to us via email or when a visitor clicks on the ‘Submit’ button at our ‘Submit a Question’ contest page) are required by such submission to grant Brainstormer a perpetual, royalty-free, non-exclusive, right and license to use such trivia. Brainstormer’s use of trivia shall be unlimited and unrestricted. No compensation shall be awarded to any person who submits trivia via our Web Site except with express written consent of Brainstormer. Trivia submitted may or may not be used for contests at our site or at trivia events hosted by Brainstormer customers. Brainstormer reserves the right not to use questions submitted and does not guarantee that submitted trivia will be placed online. By submitting trivia to this site, you also warrant that such contribution is; your own original work and it has not been taken from any copyrighted source and that you have the right to make it available to Brainstormer for use as specified above; trivia is not defamatory; trivia does not infringe any law. If you have reason to believe that any content in any Brainstormer quiz violates any copyright, please let us know using the contact information for us on this site and we will take action to remedy the situation.

All visitors to this Web site agree to indemnify Brainstormer against all legal fees, damages and other expenses that may be incurred by Brainstormer as a result of your breach of the above warranty.

By visiting our site and entering any of our contests you agree that your name may be posted as a winner or in our table of high scores. Occasional emails sent to our list will name certain individuals who we have selected at random. Use of a person's name does not imply their endorsement of Brainstormer.

Brainstormer quizzes may use the names and images of famous people, place names, product names, and names of companies and other entities in trivia questions. If you are or any person you represent are directly affected by this and would prefer that Brainstormer NOT publish such trivia, please contact us and we will take action to remove the offending content.

LIVE EVENTS

Brainstormer will use all reasonable efforts to ensure the accuracy of content of all trivia material used at trivia contests at events played at bars, clubs and other venues. By attending such events you agree to hold harmless and indemnify Brainstormer against any loss, cost, damage or expense arising from or relating to any claim, action or proceeding that may arise from Customer’s use of Brainstormer Quiz Packs or materials.

SUBMITTING PHOTOS AND SUBSCRIBING TO OUR SITE

A. In your use of our Service, you agree not to: (a) violate any applicable law or regulation, (b) infringe the rights of any third party, (c) use the information available through our Service for any unauthorized purpose, (d) interfere with or damage our Service, (e) use our Service in connection with the distribution of unsolicited commercial email ("Spam") or advertisements, (g) use our Service for any commercial purpose whatsoever or (j) assist any third party in doing any of the foregoing.

i. PRIVACY

Our Service is designed to allow users to post photographs and information for public viewing. By submitting your photograph(s) you waive any privacy expectations you have with respect to our use of your likeness or personal information provided to us. If you do not wish to have your picture or information about yourself viewed by or disclosed to others, do not use our Service. If uploading a photograph of a group of people, you must first obtain permission of all members of that group. If any member of your group objects to having their photo displayed at our site, then do not upload the photograph.

If your image appears on our site without your permission, and you would like us to remove it, please contact us at http://www.brainstormer.com/contact.aspx and send us the direct link of the image in question (the direct link is found underneath the picture, in the form of a URL. An example of a direct link http://www.brainstormer.com/photos.aspx?venueID=171&picDate=&photoOffset=1

ii. USER CONTENT/COPYRIGHT

  1. We have no obligation to post any content that you submit.
  2. By submitting material to our Site, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free right and license to use, reproduce, display, modify, distribute, photograph(s).
  3. Brainstormer respects copyright law and expects our users to do the same. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. As a condition to your use of the Brainstormer site, you agree that you will not use the service to infringe the intellectual property rights of others in any way.

Brainstormer will respond promptly to claims of copyright infringement committed using the Brainstormer.com service. If you are a copyright owner, or authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, please report your notice of infringement by contacting Brainstormer Include in your email the following information:

  1. Your mailing address, position, telephone number, and email address;
  2. The direct link of the image in question (the direct link is found underneath the picture, in the form of a URL. An example of a direct link http://www.brainstormer.com/photos.asp?venueID=171&picDate=&photoOffset=1
  3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  4. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Email is the quickest way to contact us regarding copyright infringement. However, you can also contact us by telephone. Details are available at http://www.brainstormer.com/contact.aspx

iii. . PROPRIETARY RIGHTS

  1. You agree that all content and materials available on our Site are protected by rights of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. All information at our site is proprietary information and shall not be reproduced, copied, resold, stored in a retrieval system, or otherwise exploited for any commercial benefit without our express written consent. You shall not sublicense the rights granted it in this Agreement without our express written approval.
  2. You agree not to systematically retrieve data or other content or any materials from our Site to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of "bots" or otherwise. You may, however, establish ordinary links to the homepage of our Site at www.brainstormer.com without our written permission.

iv. EMAIL ADDRESS AND ZIPCODE

You will select an email address and Zip code in order to upload photographs. We will add your email address to our database and will send you occasional email announcements and newsletters about the services we offer. Under no circumstances will we sell, trade or otherwise give these email addresses to a third party. Each message you receive from us will include information why you are receiving it and clear instructions on how to unsubscribe from our mailing list.

v. TERMINATION

You agree that we, in our sole and unfettered discretion, may terminate your access to our Service for any reason without prior notice, including, without limitation, your breach of these Terms. You acknowledge and agree that we may immediately deactivate any of your accounts and all related information and files in such accounts and/or bar any further access to such files or our Service. Further, you agree that we will not be liable to you or any third party for any termination of your access to our Service.

vi. DISCONTINUANCE OF SERVICE

We reserve the right at any time to modify or discontinue, temporarily or permanently, any portion of our Service with or without prior notice. You agree that we will not be liable to you or to any third party for any modification or discontinuance of our Service.

RISK OF LOSS

All items purchased from Brainstormer are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

Brainstormer attempts to be as accurate as possible. However, Brainstormer does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY BRAINSTORMER ON AN "AS IS" AND "AS AVAILABLE" BASIS. BRAINSTORMER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

BRAINSTORMER NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT, INFORMATION OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THIS SITE, NOR SHALL IT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY CONTENT, INFORMATION, PRODUCTS, SERVICES OR MATERIALS OBTAINED ON OR THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT, INFORMATION OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THIS SITE. BRAINSTORMER MAKES NO, AND YOU ACKNOWLEDGE THAT BRAINSTORMER HAS NOT MADE ANY, AND BRAINSTORMER HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BRAINSTORMER DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM BRAINSTORMER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BRAINSTORMER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

You agree to defend, indemnify and hold harmless Brainstormer, its affiliates, any third party content providers and their respective directors, officers, employees and agents from and against any and all liability, claims, loss, damage, injury or expense, including reasonable attorneys' fees, arising in connection with your use of this site or the Content.

APPLICABLE LAW

By visiting Brainstormer, you agree that these Terms and Conditions and any dispute of any sort that might arise between you and Brainstormer shall be interpreted according to the law of the United States Government and the State of California.

If any action is brought as a result of your visit to our site or related to products you have purchased from us or if you have violated in any manner or threatened to violate Brainstormer’s intellectual property rights or copyright you agree that Brainstormer is entitled to equitable relief, including appropriate injunctions and restraining orders, as well as general damages and is entitled to reasonable attorneys fees and court costs incident

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Brainstormer may modify these Terms of Use from time to time and any such modification shall be effective immediately upon the display of such modification on this site. Your continued use after such display will constitute your acceptance of such modification. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

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