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Terms of Use and Copyright We have made every effort to develop an informative and fun Web site. We hope you'll agree that we achieved our goal in that endeavor. We ask you to let us know if you have suggestions for changes or improvements that you feel would make it easier for you to find the information you need from our site. In exchange we ask you to agree to adhere to the following Terms and Conditions. Please review them carefully because by continuing to use our site you agree to abide by them. If on the other hand you don’t agree with them, please do not use our site. We reserve the right to make any necessary changes, modifications, or updates to this site at any time without prior notice to our site's users. Therefore, please check these Terms & Conditions regularly to learn what changes we may have made. Your continued use of the Trivianthology.com, TriviaGameBooks.com, KickTheBallLtd.com, and the triviagamebooks.mybisi.com Web site means that you have read, understand, and accept those changes. We sincerely thank you for visiting Trivianthology.com, TriviaGameBooks.com, KickTheBallLtd.com, and the triviagamebooks.mybisi.com Web sites! Restrictions on Use of Materials All Materials contained on the Trivianthology.com, TriviaGameBooks.com, KickTheBallLtd, and the triviagamebooks.mybisi.com sites, including, without limitation, text, names, logos, trademarks, service marks, trade names, images, photos, and illustrations are copyrighted intellectual property. All rights are owned by Kick The Ball, Ltd. You, our site's user, may download Materials for non-commercial, personal use only provided you 1) retain all copyright, trademark, and propriety notices, 2) you make no modifications to the materials, 3) you do not use the materials in a manner that suggests an association with any of our products, services, events or brands, and 4) you do not download materials to a database, server, or personal computer for reuse for commercial use. You may not copy, reproduce, republish, upload, post, transmit or distribute Materials in any way or for any other purpose unless you request and receive our prior written permission. Nor may you add, delete, distort or misrepresent any content on the Trivianthology.com, TriviaGameBooks.com, KickTheBallLtd.com, and the triviagamebooks.mybisi.com sites. Any attempts to change any Material, or to circumvent any of our security features is strictly prohibited. All downloads from our site, including files, images, ebooks, trivia questions, and data accompanying it, is considered to be licensed to you by Kick The Ball, Ltd only for your personal, non-commercial home use. You are not authorized to sell or redistribute any of our site's Material or to disassemble or otherwise convert it to any other form for other people to use. Submitting Your Material to Us All suggestions, ideas, images, comments, or other information that you send to Kick The Ball, Ltd through our site (other than information protected by our privacy policy becomes property of Kick The Ball, Ltd, even if this agreement is later amended or terminated.) Therefore any such submission may not be treated as confidential by us. You agree not to sue us for using any ideas you submit to us through this site or associated email addresses. In the event we use any ideas you have submitted, or anything similar to them, you agree we will not make payment to you or any other party for our use of them. From the point we receive them, we have exclusive ownership of all present and future rights to submissions of any kind. We are authorized to use them for any/all purpose we determine appropriate to the Kick The Ball, Ltd mission, without compensating to you or to anyone else for them. You acknowledge and accept responsibility for any submission you make to us. Therefore you (not we) have complete responsibility for the form and content of the message, including its legality, copyright, reliability, appropriateness, and originality. Limitation of Liability KICK THE BALL, LTD WILL NOT BE LIABLE FOR ANY INJURY OR DAMAGES THAT RESULT FROM OR ACCOMPANY YOUR USE OF THIS SITE. THESE INCLUDE, BUT ARE NOT LIMITED TO, INJURY OR DAMAGES CAUSED BY ANY: USE OF OR INABILITY TO USE THE SITE EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES. HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITE. Links to Other Sites We may from time to time provide referrals to and/or links to other Web sites from our site. These referrals and links should not be interpreted as an endorsement, approval, or agreement with any information or resources offered on these third-party sites. If it's in question, please check your Web browser's Uniform Resource Locator (URL) address box to determine if you are still in a Kick The Ball, Ltd-operated site or if you have moved to another site. Kick The Ball, Ltd is not responsible for the practices or content of third-party sites linked to our site. When Kick The Ball, Ltd provides links or referrals to third-party Web sites, no inference or assumption should be made by you, and no representation should be inferred that Kick The Ball, Ltd is connected in any way with, operates, or controls these Web sites. Any approved link to our site must not represent in any way, either explicitly or by implication, that you have received the endorsement, sponsorship, or support of any Kick The Ball, Ltd site or endorsement, sponsorship or support of Kick The Ball, Ltd, including its directors or agents. Termination of This Agreement This agreement remains in effect until terminated by either party. You may terminate this agreement at any time, by destroying all materials obtained from the Trivianthology.com, TriviaGameBooks.com, KickTheBallLtd.com, and the triviagamebooks.mybisi.com Web site, along with all related documentation and all copies and installations. Kick The Ball, Ltd may terminate this agreement at any time and without notice to you, if, in its sole discretion, you are deemed to have breached any term or condition of this agreement. Upon termination, you are required to destroy all materials. Additionally, by providing material on our Web site, we do not promise that the materials will remain available to you. Kick The Ball, Ltd is entitled to terminate all or any part of any of its Web site without prior notice to you. Jurisdiction and Other Points to Consider If you use our site from locations outside of the United States, you are responsible for compliance with any applicable local laws. These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of Ohio, as it is applied to agreements entered into and to be performed entirely within such jurisdiction. To the extent you have in any manner violated or threatened to violate Kick The Ball, Ltd and/or its affiliates' intellectual property rights, Kick The Ball, Ltd and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Ohio, and you consent to exclusive jurisdiction and venue in such courts. Any other disputes will be resolved as follows: If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Franklin County, Ohio. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Franklin County, Ohio, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. Kick The Ball, Ltd may modify these Terms of Use, and the agreement they create, at any time, simply by updating this posting and without notice to you. This is the ENTIRE agreement regarding all the matters that have been outlined in this agreement. |
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