Trivzia Terms of Use

 

Before using the Trivzia Application (the “App”) and the services, content, features or applications offered by Noveltysoft, Inc. in connection with the App (“Company”, “we”, “us”, or “our”) (together with the App, the “Services”), please read these Terms of Use (the “Terms of Use”) along with the Trivzia Privacy Policy and the Trivzia official rules. Your use of the App and the Services is legally binding with the terms and conditions of these Terms of Use.

 

Acceptance of Terms of Use.

You are agreed to the Terms of Use and all policies and procedures and all other operating/financial rules when signing up for, installing and using the App in any manner.

You are also agreed to these Terms of Use and any updates that may be published from time to time without any prior notice to you.

You are also agreed to the additional terms and conditions that may be published from time to time for the usage of some certain Services offered through the App by us. These additional terms and conditions are also incorporated with existing Terms of Use including Trivzia Official Rules.

These Terms of Use shall be applied to all users of the Services without any discrimination. The Terms of Use also applied to all the users who are registered or any otherwise or providers of information, any content and other materials or services.

Arbitration matters have been described later in these Terms of Use in detail. However, any disputes between you and Trivzia shall be resolved by individual arbitration. As a user of the App you are also agreed to waive off your rights to participate in any class action lawsuit or class-wide arbitration.

Eligibility to Participate:

You may participate in the Contest if You are 18 years or older at the time of entry in the Contest. By registering, installing and/or using the App in any manner, you are confirming that you are not under age and reach the age of majority according to the law prevailed in Pakistan. It is our sole right to change the eligibility criteria at anytime without any notice and we can also refuse to offer our services to any person or entity without any notice. It is your sole responsibility to ensure that these Terms of Use are in conformity with all laws, rules and regulations applicable to you. We also reserve the right to revoke your right to access the Services if these Terms of Use are prohibited or in conflicts with any rules or regulations and laws applicable. Furthermore, services offered by Trivzia are not meant to be used by or for benefit of any third party except you.

How to Participate:

If You fulfill the eligibility criteria mentioned herein-above, You may participate in the Contest, subject to these Terms and Conditions and in accordance with the following process:

  • In order to participate in the content/game, you must download and install the app from respective iTunes or Google Play store on your mobile device.
  • Thereafter, get register through your Phone Verification process through SMS and submit your username to Trivzia.
  • The date and timing when the contest will be open to the participants will be announced prior to the show through SMS Notifications or in-app Push Notifications.
  • If you answer all 10 questions correctly, you shall win the Contest/Game. Mere participation in the Contest/Game will not entitle you to win the Prize Money.
  • Trivzia reserves the right to disqualify You (during or after the Contest/Game), if You are found or are suspected to have failed to abide by and/or are in breach of the Terms and Condition or Terms of Use.
Registration:

To use our Services, we may ask you for registration for an account directly or via third party account like Facebook, Twitter, Google account or any other authentication mechanism. You are required to provide us with complete, correct and updated account information. You shall: (i) select or use a unique username which is not intended to impersonate any other person; (ii) select or use a unique username that is not in violation with any rights of another person without getting appropriate authorization; (iii) select or use a decent username which is not vulgar, offensive or obscene. It is your sole responsibility to keep your Account password secure and any suspicious activity occurs on your account is also your responsibility. You will never use another person’s user Account or registration information without appropriate authorization. In case of any change in your eligibility to use the Services you are required to notify us immediately. You should never discuss or publish or share your login information for your Account. You can delete your Account directly or through request made to one of our authorised affiliates or employees.

 

Content:

 

Definition of Content: The term “Content” used in these Terms of Use includes, without limitation, appropriate graphics, licensed softwares, scripts, comments, live and recorded videos, written and shared posts, accessible data, correct information, written or published text, images and photographs, audio clips and any information published or made accessible on or through the services. All “User Content” (as explained below) is also included in term “Content”.


All User Content: Any user originating, adding, creating, submitting, uploading, posting or distributing to the services whether publicly posting or privately transmitting, is solely responsible for such User Content. It is also the responsibility of user, providing such User Content, to make sure the information he/she is providing is complete, up to date, accurate and in compliance with all applicable laws, rules and regulations. The ownership of all User Content created and/or uploaded by you remains with you. The user bears complete responsibility and any associated risk for all content, including User Content, accessed by him/her using the Services and for damage or loss caused by such User Content. We do not bear any responsibility for the accuracy/inaccuracy of any content or information accessed on or through the Services.

 

Disclaimers, Notices and Restrictions: The App may contain Content solely provided by us, our users or our partners and such Content is protected by trademarks, patents, copyrights, trade secrets, service marks or any other proprietary rights and laws. All information, restrictions, and copyright notices contained in any Content accessed through the Services must be abide by you.


Use License: For the purpose of using the Services, each user of the Services is granted a worldwide, non transferable, non exclusive and non sublicensable license to use Content. Without having prior written permission or appropriate authorization from us, nobody is allowed to use, modification, storage, reproduction or distribution of any Content. Nobody is allowed to use any Content offered through or on the Services for commercial selling, renting or licensing purpose.


License Grant: Trivzia reserves the right to edit, use, distribute, modify, truncate, prepare, manipulate, reproduce and aggregate User Content submitted through the Services. Trivzia also keeps the full right of User Content to use as a worldwide, perpetual, fully paid, royalty free, non exclusive transferable and sublicensable content. Trivzia also keeps the right to fully exploit the User Content submitted through the Services in form of performance, display and any otherwise. The User Content submitted by the user includes user’s name, voice, likeness, videos, or photograph and user is agrees and acknowledges to the “Terms of Use” and “Licensing Agreement” of Trivzia. The user also grants right to other users of the App and/or the Services to access your user content, and to edit, modify, use, distribute, prepare derivative works of, reproduce,perform and display such User Content. This right can be exercised even after the termination of you Account or the Services. However, the user’s other ownership or license rights are not affected by the license grants to us. It is user’s responsibility to make sure that the rights and/or license grants to us goes not violate or in conflict with any other third party rights, including without limitation, publicity rights, copyrights, any privacy rights, contract rights, or any other intellectual property rights, trademarks or proprietary rights.

 

Content Availability: Trivzia reserves the right to make any content available on the App or through the Services. It is the sole discretion of Trivzia not to display, edit or modify, remove or block any content without prior notice to users for any reason.

 

Laws of Conduct: The user of the App or the Services is sole responsible for his/her activities when using the Services. The user is also prohibited to use the Services for any purpose that violates the Terms of Use. The user is strictly prohibited to take any action, post, upload, download, submit or otherwise distribute any content that:

Violates any law or contractual duty, trademark, copyright, patent, right of publicity, trade secret or other rights of any other person or entity (see the Copyright Policy below).

 

User knows is untruthful, unlawful, false, abusive, defamatory, misleading, threatening, inaccurate, libelous, tortious, harassing, obscene, deceptive, offensive, invasive of another’s privacy, vulgar, fraudulent, profane, contains or depicts sexual activity, pornographic, contains or depicts nudity, or is otherwise inappropriate as determined by Trivzia in the sole discretion.

 

Contains software viruses or any other computer files, programs, or codes that are designed or intended to damage, limit, interfere or disrupt with the proper function of any hardware, telecommunications equipment or software or obtain or damage unauthorized access to any data, password, system or other information of Trivzia or of any third party. Also constitutes junk or bulk email, unauthorized or unsolicited advertising.

 

Pretends to be any person or entity including Trivzia Team or anyone’s identification, sensitive Information (financial or any other) or documents.

 

The user shall not impose large load on infrastructure of Trivzia by running any form of auto-responder, unreasonable interfere with the smooth working of the Services. The user shall not try to deceive us by running manual or automated software, devices or any activities that can bypass or disturb proper working of the Services. Trivzia reserves the right to restrict access to the Services of such attempts that can harm or stop proper working of the Services.

 

The user shall not use any unfair means (reverse engineering, attempt to derive any underlying ideas or source code or algorithms of any part, decipher, disassemble or decompile of the Services including without limitation of any application) to disrupt the proper functioning of the Services.

 

Trivzia also reserves the right to publish or disclose any information that seems to be necessary for the satisfaction of any legal process, applicable laws, government request, regulation, enforce these Terms of Use. Trivzia also reserves the right to detect, prevent and address any fraud, technical or security issues for the protection of Trivzia, Trivzia users and the public. Trivzia also reserve the right to respond Trivzia user support requests.

 

Third Party Services: The user may be permitted to link to or otherwise access other services, websites or resources on his/her device and the internet, and other services, website or resources through The App or the Services. Trivzia shall not be responsible or liable for the functions, legality, content, appropriateness, accuracy or any other aspect of such websites or resources since these websites or resources are not under control of Trivzia. These links, websites or resources are not endorsed by Trivzia. Any direct or indirect loss or damage caused by such goods, content or services available on or through any such link, website or resource is sole responsibility of the user and Trivzia is not responsible or liable for such loss or damage.

 

Services based on Location: Some services based on location may also offered to some specific users. The use of such services based on location is sole responsibility of user and user may turn off those features of services based on location. By using these services based on location, you grant Trivzia the right to disseminate or collect your location information through the services. Trivzia is not responsible or liable for any loss or damage caused by disseminating your location information through the Services.

 

In App Purchases: In order to experience the enhanced performance of the Services, you may purchase (“In App Purchase”) certain goods through the App. These goods are purchased through either Apple iTunes service or the Google Play service and every user of Trivzia services is agreed to their respective terms and conditions (http://www.apple.com/legal/internet-services/itunes/us/terms.html; http://play.google.com/intl/en_us/about/play-terms.html) and we are not a party to any In App Purchase.

 

Termination: Your access to all or any part of services at any time can be terminated, with or without notice, with or without cause, effective immediately and your information associated with the Services may also be destroyed and forfeit. You may also terminate your account by following the instructions on the App or through the Services and removing the App from your device.

 

Disclaimer of Warranty: No fiduciary duty or special relationship exists between Trivzia and user of the Services. The user of the Services of Trivzia is agreed that Trivzia has no duty to take any action regarding:

  • What content is accessed by the user through the Services.
  • How does user interpret or uses the content.
  • Which users gain access to the services.


Trivzia is released from all liabilities for user having acquired or not acquired Content through the Services. Any Content contained in or accessed through the Services is sole responsibility of the user and Trivzia is not responsible or liable for the copyright compliance, accuracy or legality of material.


The Company and its employees are not responsible for views and opinions expressed by hosts of Triviza, since these views and opinions are their own.

Trivzia is providing the Services and Content “AS IS”, “AS AVAILABLE” and without any expressed or implied warranty. The Services and Content provided by Trivzia is also without implied warranties of title, fitness and merchantability for a particular purpose, non infringement, and also includes any warranties implied by usage of trade or any course of performance. Trivzia and the directors, employees, suppliers, partners, content providers and agents assume no warranty for the security or availability of our Services at any particular time or location. Trivzia do not warrant any correction or fixation of defects, errors, software, any content, viruses or any other harmful components available at or through the Services. The usage of the Services is solely at user’s own risk and we do not warrant that the results of using the Services will meet user’s requirements.

 

Rules of Indemnity: We (Trivzia and our affiliates and each of our and their respective employees, directors, suppliers, contractors and representative) shall be defended and indemnified from all liabilities, expenses, and claims, including reasonable attorneys’ fees, that can be arised from or relate to user’s use or misuse of, or access to, Content, the Services, or otherwise from User Content. We shall also be defended and indemnified from all liabilities, expenses, and claims, including reasonable attorneys’ fees, that can be arised from violation of our Terms of Use, or infringement by user, or any third party using user’s Account or identity in the Services, of any intellectual property or other right of any person or entity. In case of any indemnification our user ofthe Services will assist and cooperate with us in asserting any available defenses and Trivzia reserves the right of exclusive defense and control of any matter subject to such indemnification proceedings.

 

Limitation of Liability: We (Trivzia, and our directors, employees, partners, content providers, suppliers or agents), in no event, are assumed no liability under contract, strict liability, negligence, tort or any other legal or equitable theory with respect to the Services. We assume no liability, under any circumstances, regarding any lost profits, cost of procurement of substitute goods or services, indirect, data loss, punitive, consequential, incidental or compensatory damages of any kind whatsoever. We also assume no liability, under any circumstances, regarding any viruses, Trojan Horses, bugs, or the like regardless of the source of origination. We assume no liability to pay any amount which is less than minimum withdrawal limit as described in our rules.

 

ARBITRATION CLAUSES & CLASS ACTION WAIVER – PLEASE REVIEW CAREFULLY AS YOUR LEGAL RIGHT CAN BE AFFECTED BY THIS

 

Arbitration: You are giving you free consent that any disputes between Us and You shall be settled by binding, individual arbitration under The Pakistan Arbitration Association’s rules for arbitration of consumer related disputes. The disputes involving third party or with regard to your relationship with us, including without limitation disputes related to these Terms of Use, your use of the services, and/or rights of privacy and/or publicity shall also be settled through the same process as described above. In case of violation or threatened to violate our Intellectual Property Rights, we reserve the right to seek justice or any other appropriate relief in any provincial or federal court of Pakistan, however we and you hereby expressly waive trial by jury. The rights generally available in the court for arbitration may not be available for us and you. However, your claims can be brought to your local “small claims” court, if such small claims court rules permits to do so. Claims may be brought by only you on your own behalf. This agreement to arbitrate does not allow we and you to participate in a class action or class wide arbitration for any claims covered by this agreement to arbitrate. Your right to participate as a class representative or class member on any class claim you may have against us including any right to class arbitration or any consolidation of individual arbitration is given up by you. In case of any proceeding in which we are a party, you are agreeing that you will not participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account. This dispute resolution provision will be governed by the Arbitration Act of Pakistan. The arbitration administration can be elected by us or you instead of the Judicial Arbitration and Mediation Services where Pakistan Arbitration Association is fail to set a hearing date within one hundred and fifty (150) days of filing the case. Judgment on the award provided by the arbitrator may be challenged in any competent court. The arbitrator cannot award remedies, damages or awards that conflict with our Terms of Use. Any claim related to or connected with the use of the services or our Terms of Use must be filed within one year after such claim of action arose or be forever banned and you are agree to this provision.

Severability: All of the previous language in this Arbitration section will be treated as null and void if the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable. In the event of termination of our relationship with you, this arbitration agreement will survive such termination.

 

Governing Law and Jurisdiction: The laws of Islamic Republic of Pakistan shall govern and construe our Terms of Use. You and Us are agreeing that the exclusive jurisdiction and value of the Provincial and Federal courts of Islamic Republic of Pakistan shall govern any dispute arising from or relating to the subject matter of these Terms of Use.

 

Modification: Modification or replacement of any of these Terms of Use, or suspend, change, or discontinue the Services (including without limitation, the availability of any database, content, or features) at any time is our sole discretion. For this purpose, we reserve the right to notify you about such modifications by using appropriate means of electronic communication or by posting the notice on the App or by sending you notice through the Services or via e-mail. It is also our sole discretion to restrict your access to parts or all of the Services or to impose limits on your access to certain features and services with or without prior notice. It is your responsibility to check modifications, if any, to our Terms of Use periodically. If you continue using our services even after the notification of any changes to these Terms of Use, we will be under impression that you have accepted all those changes that will apply on these Terms of Use until further notice. The Terms of Use in effect at the time of your use of the Services shall be applied immediately on your use of the Services.

 

DMCA Copyright Policy:
  • Our policy for copyright infringement is in accordance with Copyright Pakistan Act 1962 and Digital Millennium Copyright Act (DMCA) and any infringement matters shall be addressed to our designated agent whose address is listed at the end of this policy.

  • Procedure for Reporting Copyright Infringement. A notice of copyright infringement containing the following information must be sent to our designated agent listed at the end of this policy.

  • The representative of the owner of the copyright that has been allegedly infringed must have a physical or electronic signature of the owner to act on his/her behalf.

  • Identification and provision of allegedly infringed works, materials or content.

  • The representative of the owner of the copyright that has been allegedly infringed must provide us detailed information of the location of the infringing materials so that we will be able to find and verify its existence.

  • Contact details about the notifier like mailing address, e-mail address, telephone number etc.

  • The notifier should provide us with a statement showing a good faith belief that the copyright owner has not authorized it’s material himself or by his/her agent or the law.

  • The notifier should also provide us with a statement showing his authority to make the complaint on behalf of the copyright owner and that the information provided is accurate.

  • For notification of Claimed Infringement please contact our Designated Agent at innovative@hotmail.com or at:


Name: Aslam Awan

Address: 23 Feroze Pur Road

Lahore

Phone: (042)35860627


  • Apple Device and Application Terms: The following rules shall apply when accessing our Services via an application on a device provided by Apple, Inc. (“Apple”) or an application obtained through the Apple App Store (in either case, an “Application”):

  • Apple is not responsible, directly or indirectly, for these Terms of Use between you and the Company (“Trivzia”) and both of you are responsible for your relationship.

  • You are not allowed to use Application for commercial purpose and should solely be used in connection with the Services for your personal and private use. You are licensed to use this Application on a limited, non-transferable, non sublicensable, non exclusive basis. Your use of the application is subject to all the terms and conditions of these Terms of Use as they are applicable to the Services.

  • The use of the Application must be on such Apple device that you own or control.

  • You acknowledge that any maintenance or support services with respect to the use of the Application is not an obligation or liability of Apple.

  • Apple’s sole responsibility, regarding applicable warranty obligation is to refund to you the purchase price, if any, of the Application in case of failure of the Application.

  • Apple is not responsible for any claims you or any third party may have in relation to the use of the Application.

  • You agree and acknowledge that Apple is not responsible for any third party claims regarding copyright infringement or third party’s intellectual property rights while using the Application. The investigation, settlement, discharge and defence of any such infringement claim is sole responsibility of the Company, and not of Apple.

  • You acknowledge and warrant that you are living in a country that has not been;

    • Designated as a “Terrorist Supporting” country by government of Pakistan

    • Listed on any list of restricted or prohibited parties by government of Pakistan


  • It is the responsibility of both you and the Company to make sure that the use of the Application does not violate any applicable third party terms of agreement which may affect or be affected by such use.

  • As a third party beneficiaries of these terms, Apple and Apple subsidiaries reserve the right to enforce these terms against you as the third party beneficiary once these terms are accepted by you.


  • Entire Agreement and Severability: Our Terms of Use supersede all previous or current communications and proposals, whether oral, written or electronic, and are treated as entire agreement between you and us with respect to the Services, including use of the App. Only that provision of our Terms of Use shall be limited or eliminated to the minimum extent that is found to be invalid or unenforceable, however, rest of Terms of Use will remain in full force and effect and enforceable. If either of the parties fails to exercise any right in any respect provided for herein, the party shall not be deprived of exercising any further rights hereunder.

     

  • Force Majeure: Any failure of obligatory performance by us arising from unforeseen conditions, causes beyond our reasonable control including, without limitation, mechanical, electronic or communications failure or degradation shall not make us liable to you.


  • Assignment: You acknowledge that you shall not assign, transfer or sublicense these Terms of Use without our prior written permission. Our rights and obligations hereunder may be assigned, transferred or delegated without consent.

  • Agency: These Terms of Use shall not create any partnership, joint venture, agency, or employment relationship.

  • Notices: We will sent written notices under these Terms of Use unless otherwise specified. The notices will be deemed to have been duly given when; personally received, electronically confirmed through e-mail or fax. Electronic notices should be sent to legal@trivzia.com

  • No Waiver: If we fail to enforce any part of these Terms of Use, our right to enforce that or any other part of these Terms of Use shall not constitute a waiver of our right. If we intentionally waive compliance in any particular instance then this does not mean that we will waive compliance in the future. In order to exercise any waiver of compliance with these Terms of Use to be binding, our authorized representatives shall provide you with written notice of any waiver of compliance with these Terms of Use.

  • Headings: The interpretation of section and paragraph headings in the Terms of Use shall not be affected and are for convenience only.

  • Relationships: Apple or it’s subsidiaries or affiliates have no endorsed, sponsored administered, or associated with the App.

  • Contact: You may contact us at the following address: 70 R Block Model Town (Extension), Lahore-547000, Pakistan


Effective Date of Terms of Use: April 10, 2018

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  • Email: info@trivzia.com

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