M O D E L B Λ S E
xxxxxxx
Terms and Conditions
ModelBase.com ("ModelBase") welcomes You to its website ("Website"). The following Terms and Conditions shall govern the relationship between ModelBase and You (also referred to herein as "Member" or "Player"). These Terms and Conditions shall govern all information, documents, communications, files, text, graphics, software, and audio/visual files, including content sent and uploaded by other Members in compliance herein (collectively, the "Service"). Additional terms and conditions of use applicable to specific areas of the Service may also be posted in such areas and, together with these Terms and Conditions, govern Your use of those areas and spell out what You can expect from us and what we expect from You.
The ModelBase Website is a free mental agility challenge platform that offers its Members the chance to win prizes and acts as a platform for communications in certain countries. Members are able to compete against other Members in ModelBase Challenges ("Challenges") to win gift cards, physical goods or real money. Information pertaining to the Challenges that are offered, the rules, and further information about Challenge play can be found on the Website.
1. Acceptance of Terms and Conditions.
By using this Website and/or creating an account and becoming a Member, You accept and agree to all terms, conditions and notices contained or referenced on the Website ("Terms and Conditions"). Please read the following Terms and Conditions carefully. If You do not agree to the Terms and Conditions, do not use this Website. By accessing, using, or downloading in any way, without limitation, any Service from this Website, or merely browsing this Website, You agree to and are bound by these Terms and Conditions.
ModelBase reserves the right to change the Terms and Conditions at any time, without prior notice to You or any other Member or Website visitor. In such an event, ModelBase will send You an email containing the revised terms and conditions or a notification containing a link to where the revised terms and conditions can be viewed on the Website at least two (2) weeks before they go into effect. ModelBase may also send notice of the revisions to You using the ModelBase messaging service. If You do not expressly object to the validity of the new terms and conditions via email within this two (2) week period, then the newly revised Terms and Conditions will be considered agreed upon. If You reject the newly revised Terms and Conditions, then ModelBase may terminate this license agreement as provided herein.
2. Eligibility.
To be eligible to register and create an authorized ModelBase account ("Account") and become a Member, You must be at least eighteen (18) years of age or older and a legal resident of the United States, including the District of Columbia, and may not be a firm, business entity or institution. If you are a non-U.S. citizen and live in a different country which allows skill-based games, you may also create an authorized ModelBase account. By using this Website and Service, You represent and warrant that You have the right, authority and capacity to enter into this agreement and to abide by all of these Terms and Conditions. ModelBase reserves the right, in its sole and absolute discretion, to refuse service and access to any potential participant. Employees, officers, directors, investors, agents, and representatives of ModelBase and their parents, affiliates and subsidiaries, and each of their respective immediate family (defined as parents, spouse and children) and any person residing in the same household as such and sponsors and affiliates and advertising and promotion agencies of ModelBase are NOT eligible to use or create an Account on the Website for personal gain. They may, however, participate in Challenges for testing purposes, but without the intent to achieve any personal gain or profit for ModelBase.
3. Registration.
You must create an Account in order to become a Member and play Challenges on this Website. ModelBase does not charge a registration fee for You to become a Member for the Basic Membership. Play on certain Challenges or certain features offered may be dependent upon the existence of certain conditions such as the type of Account You have, Your age, proof of payment, number of completed Challenges, or specific Challenge rules.
4. Local Laws, Service Not Available in Some States.
You are subject to the laws of the country, state, city or other legal entity (collectively "Jurisdiction") in which You reside and/or from which You access the Website and the Service. The laws governing sweepstakes, contests, and tournaments with entry fees and/or prizes are set up by each individual state, not by the federal government. Based on these 50 sets of laws, ModelBase CANNOT offer fee-based Challenges with prizes to residents of the following states: Alaska, Arizona, Arkansas, Connecticut, Delaware, Florida, Illinois, Iowa, Louisiana, Maryland, Missouri, Montana, South Carolina, South Dakota, Tennessee, and Vermont. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. However, anyone may compete in the free weekly ModelBase Challenges.
5. Your Account.
A. Account Responsibility.
When you create Your Account, You represent that You are at least eighteen (18) years of age and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You may modify Your Registration Data by sending an email to [email protected]. If you provide any information that is untrue, inaccurate, not current or incomplete, or ModelBase has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ModelBase has the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof). You are responsible for paying all charges (plus applicable taxes) associated with the use of the Service under Your Account, including charges incurred as a Money Player subject to the posted terms and conditions for such play.
B. Secrecy Obligation.
To create an Account, You will need to select a unique username and password ("Identifiers"). Usernames may not be derived either from email addresses or Internet sites, may not infringe upon the rights of third parties, and may not violate any rules of good conduct. For security reasons, passwords must differ from usernames and may be changed whenever You deem necessary. Passwords should not be sequences of consecutive numbers (i.e."2345678") or letters (i.e.: "ABCDEFG"). More specifically, a secure password should contain a combination of numbers, letters and, when possible, special characters. Passwords should be kept secret and periodically changed (every 2 months at the latest). ModelBase will not give Your password to any third party unless required to do so by law. ModelBase will never ask You for Your password via telephone or email.
Once You have selected the Identifiers for Your Account, it is Your responsibility to keep these Identifiers secure and confidential. Some or all of these Identifiers are required to access certain areas of the Website. In the event that You are concerned that Your Identifiers are no longer secure and confidential, You should immediately notify ModelBase by sending an email to [email protected], whereupon new Identifiers may be selected and allocated and any future transactions under the previous Identifiers may be voided, at the sole discretion of ModelBase. Without limiting the foregoing, any transactions made and accepted on the Website where Your Identifiers have been used and where You have not previously notified ModelBase as provided herein will be treated as valid and You will be responsible for the same, including any expenses incurred; ModelBase will not issue any form of compensation.
C. No Transfer.
Only one Account is allowed per person. Multiple Accounts, as well as the setting up and operation of multiple Accounts, are prohibited. Your Account is not transferable. Under no circumstances shall You allow or permit any other person or third party, including without limitation any person under the legal age to participate in a Challenge in Your applicable Jurisdiction, and in no event any person under the age of thirteen (13) years, to use or re-use Your Account or Your Identifiers in such a way that may breach the standards or laws in any Jurisdiction where You are located and/or are a resident, or where such other person is located and/or is a resident. Any person found to have violated this section may be reported to the relevant authorities.
6. Challenge Game Play.
A. Odds of Winning Challenges.
The results of all Challenges offered on the Website depend on the number of the players participating in such Challenges and the skill of the players in such Challenges; precise odds of winning are therefore unavailable.
B. Winners Lists.
Lists of winners will be posted on the Website immediately following each Challenge, except in the case of Challenges with substantial (as determined by ModelBase in its sole discretion) prizes, where lists may be delayed for up to five (5) business days while verification of the results takes place in order to help prevent potential abuse.
C. Determination of Winners.
The results and winners of each Challenge offered on the Website will be determined by ModelBase, and such determinations are final. By registering and/or participating in any Challenge, You agree to be bound by these determinations.
D. Fairness of Play.
ModelBase guarantees that all participants in a particular challenge are given the same starting conditions. This applies to all challenges offered on ModelBase and means that each participant of a particular challenge is given the same types of questions, puzzles, brainteasers, etc. Because of this, the level of difficulty is identical for all participants. For security concerns, players in ModelBase's challenges containing multiple participants are given random sets. This prevents participants from taking advantage of the other players by contacting one another about the sets used.
E. Prizes.
ModelBase is not liable for any lost winnings or potential winnings, not even in the case of prematurely closed Challenges.
7. Termination.
A. Your Right to Cancellation.
You may cancel Your Account within two (2) weeks of Your initial registration by sending an email to [email protected]. Your cancellation notice does not need to contain any reason for the cancellation. However, Your notice shall be void if You participate in a Challenge with a monetary entry fee on the Website any time during Your initial two (2) week time period.
B. Your Right to Termination.
You may terminate Your Account at any time. To terminate Your Account, please send an email to [email protected]. Any unused credits you have may be used or transferred to a friend.
C. ModelBase's Right to Termination.
ModelBase reserves the right to terminate Your Account, limit or prohibit your participation in any Challenge for without any reason. Immediate termination will result for obvious reasons, including, but not limited to, any violation of these Terms and Conditions, improper conduct or abuse by You as set forth in section 13. By registering for an Account, You consent to allow ModelBase to access Your Account information to, among other things, investigate complaints or other allegations of abuse. Please note that in certain circumstances where Your Account is closed by ModelBase for a violation of these Terms and Conditions, Your winnings may be voided and not returned to You. In such an event, ModelBase may use these winnings to defray the costs of administration and enforcement of these Terms and Conditions.
8. Intellectual Property Rights.
A. Copyright Information and Personal & Non-Commercial Use Limitation.
All Service and the compilation of all content included on this Website are owned or licensed by ModelBase and/or its affiliates and protected by United States and international copyright laws (© 2013 Kalendra, Ltd. All Rights Reserved). ModelBase does not claim ownership of copyrights owned by third parties.
You have been granted a license to view and use the Service subject to these Terms and Conditions. Unless otherwise specified, the Service on this Website is for Your personal and non-commercial use. You may not sell or modify the Service or reproduce, display publicly or otherwise use the Service in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from ModelBase. Users may not provide copyrighted or other proprietary information to ModelBase without permission from the owner of such material or rights. Users are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures or infringement.
B. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act.
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If You believe that Your copyrighted work has been copied without Your authorization and is available on this Website in a way that may constitute copyright infringement, You may provide notice of Your claim to ModelBase's Designated Agent listed below. For Your notice to be effective, it must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. A description of the copyrighted work that You claim has been infringed upon;
3. A description of where the material that You claim is infringing is located on this Website;
4. Information reasonably sufficient to permit the service ModelBase to contact the complaining party, such as address, telephone number, and, if available, an email address at which the complaining party may be contacted;
5. A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Designated Agent should be contacted only if You believe that Your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Website. All other inquires to the Designated Agent will not be answered.
C. Trademarks.
ModelBase and/or its affiliates own the ModelBase trademark for its services, including, without limitation the associated graphics, logos and service marks, are trademarks of ModelBase and/or its affiliates and may not be used without prior written consent of ModelBase. All other trademarks, product names, and company names and logos appearing on the Website are the property of their respective owners.
D. Posts/Comments.
You hereby grant ModelBase and its affiliates the unlimited right to use all posts submitted on the ModelBase forum, or other information submitted to ModelBase using the provided mechanisms for such including, but not limited to, photographs, Challenge comments, suggestions, etc. All posts, comments and contributions become the sole property of ModelBase. You are not entitled to compensation for such.
E. Rights of Publicity.
As a Money Player, You agree to the use by ModelBase and its affiliates of Your username, photograph(s), likeness, statements, biographical information, voice and city and state address for advertising and promotional purposes for this and similar promotions, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without additional compensation, review or approval rights, notification or permission, except where prohibited by law, if You win a jackpot, prize of the month/year, special prize, or win more than $1,000 (USD) in a single month. In the event of live Challenges, then You also consent to the publication and duplication of this data, recordings, and photographs for the purpose of press releases, advertisement, publications, public access, utilization and duplication.
YOU FURTHER ACKNOWLEDGE THAT IF YOU ARE CHOSEN AS A WINNER, YOUR IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, HAVING YOUR USERNAME PLACED A WINNERS' LIST.
9. Privacy and Protection of Personal Information.
ModelBase respects the privacy of visitors to our Website. Please see ModelBase's Privacy Policy [http://www.ModelBase.com/privacy.cfm] relating to the collection and use of Your personally identifiable information. You acknowledge and agree that this Privacy Policy, including, but not limited to, the manner in which ModelBase collects, uses and discloses Your personally identifiable information, is incorporated and made part of these Terms and Conditions. If You do not agree to each and every part of ModelBase's Privacy Policy, then You should not use the Website or submit any personally identifiable information through this Website. Questions regarding privacy issues should be directed to ModelBase via email at [email protected].
10. Maintenance and Reporting Problems.
ModelBase conducts maintenance work on its system from time to time mainly for the purpose of ensuring the server's security and integrity. If possible, You will be notified of maintenance periods in advance. A portion, or sometimes all, of the features of the Website will not be available during maintenance periods. No Challenge play may occur during a maintenance period. Challenges that have begun prior to such maintenance periods will end and not be extended into the maintenance period.
All problems encountered during the use of ModelBase's Services, including those with regard to Challenges, Player Accounts, etc., must be reported to ModelBase when the problem is encountered via email at [email protected]. Please be advised that, due to the fact that ModelBase deletes usage data after ninety (90) days, problems and errors cannot be reviewed after ninety (90) days have elapsed since the problem occurred.
11. Disclaimer of Warranties and Limitation of Liability.
You expressly agree that use of the Website and Service is at Your sole risk. Neither ModelBase nor any of its affiliates or their respective officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by ModelBase (collectively "Providers"), or the like, warrant that websites affiliated with Providers, including, but not limited to, this Website, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on this Website may contain inaccuracies or typographical errors. ModelBase makes no warranty as to the results that may be obtained from the use of the Website or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Website. Furthermore, ModelBase shall not be responsible for any opinions, views, advice or statements posted on the Service (including, without limitation, in any public posting areas of the Service) by any person or entity other than an authorized ModelBase spokesperson. Advertisers, content, Providers, users, guests, independent writers and experts are not authorized ModelBase spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, users, guests, independent writers or experts be relied upon for important personal decisions without independent verification.
A. Disclaimer of Warranties.
THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY TRIVIQ ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TRIVIQ AND THE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
TRIVIQ AND THE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SECURITY OF THE WEBSITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
B. Limitation of Liability.
TRIVIQ DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF TRIVIQ.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TRIVIQ WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF TRIVIQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THIS WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO TRIVIQ RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT TRIVIQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON TRIVIQ'S GOODS OR SERVICES, FROM INABILITY TO USE TRIVIQ'S GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF TRIVIQ'S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If You are dissatisfied with any portion of the Website, Your sole and exclusive remedy is to discontinue Your use of this Website.
12. Third Party Links.
This Website contains links to other websites and may forward You to other websites within the same Internet browser window. These websites are not under the control of ModelBase, and the existence of a link on the Website does not imply any endorsement of the linked websites by ModelBase or any affiliation between ModelBase and the owners of the linked websites. ModelBase makes no warranties or representations, and disclaims all liability, relating to the accuracy, content, terms of use, privacy policies, products, services, legality, reliability, viewpoint, accuracy, currency, decency, or any other aspect of the linked Websites. You agree that ModelBase has no responsibility to You with respect to such material. ModelBase encourages You to examine the privacy policies and/or terms of use policies of any third party website.
13. Online Conduct and Abuse.
A. Online Conduct and Abuse.
You agree to use the Website and the Services provided through this Website only for lawful purposes and to behave in a fair manner. Unacceptable uses and behavior that is deemed unacceptable include, without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) purposely entering faulty, misleading, incorrect, or incomplete information; (vi) exporting, re-exporting or permitting the downloading of any Service, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vii) interfering, disrupting or attempting to gain unauthorized access to other Accounts on the Website or any other computer network; (viii) committing, or attempting to commit fraud, especially through the use of mechanisms, software, or any script in association with the Website that is intended to interrupt the functioning of the Website, help a user achieve better results than could be achieved through the sole use of a mouse/keyboard, help the user to achieve a score that is not possible by following the Challenge controls described by ModelBase, or negatively influence another Player's Challenge controls; (ix) opening and/or using multiple Accounts; (x) purposely causing an interruption or error in order to influence a Challenge, such as to cause the Challenge to prematurely end; (xi) cooperating with other Members in a way that could create an advantage over novice users and thus diminish their opportunity for fair play and reduce their chances of winning; (xii) intentionally poor play in certain games in order to achieve a broader competitive advantage (i.e. "sandbagging"); (xiii) deliberately transferring money between Accounts (i.e. "money laundering"); (xiv) harassing other Members or Players; (xv) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; (xvi) causing any breach of the security of Your Account or the Website; or (xvii) breaching any of these Terms and Conditions.
B. Rules for Communication and Anti-Spam Policy.
It is possible for Members to contact each other on the Website for reasons such as challenging each other to Challenges. In doing so, Members are obligated to only send messages that (i) are free of obvious or hidden advertisement, (ii) are neither subjective, intentionally false, derogatory, defamatory, immoral, nor pornographic in nature nor fulfill any other element of offense, (iii) are not damaging to any third parties, (iv) do not contain any viruses or computer programs that could affect the function of external computers, (v) are not surveys or chain letters, (vi) were not written with the intent to expand a certain political, ideological, or religious denomination, and (vii) were not written with the intent to collect, save, or use personal information from users without their explicit consent, especially for promotional purposes.
ModelBase opposes the practice commonly referred to as "Spam." If You are reported and a claim of "Spam" is validated by ModelBase against You, You will have Your Account either immediately TERMINATED or SUSPENDED, at the sole discretion of ModelBase. Additionally, any winnings, if any, may be voided at the sole discretion of ModelBase. ModelBase defines "Spam" as (i) electronic mail messages addressed to a recipient with whom the initiator does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient, (ii) messages posted to forum and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, or posted in excessive volume; or (iii) solicitations posted to chat rooms, or to groups or individuals via Internet relay chat, via the ModelBase internal communication systems or "instant messaging" system.
C. Reporting Abuse or Inappropriate Conduct.
If you wish to report any abuses, inappropriate online conduct or a violation of ModelBase's Terms and Conditions, please forward all evidence of the same to [email protected]. Please refer responsibly!
D. Penalties for Abuse, Inappropriate Online Conduct and Violating ModelBase's Terms and Conditions.
ModelBase reserves the right to block, cancel or terminate Member Accounts without notice in cases of abusive behavior or suspicion of abuse, inappropriate online conduct, and/or for a violation of these Terms and Conditions, particularly in those instances detailed in sections 13(A) and 13(B). Upon the receipt of a credible and validated complaint, ModelBase may elect to immediately suspend or terminate Member's Account. (Suspension serves as a "final" warning and is intended to prevent You from continuing any abusive behavior.) If this occurs, then Challenges or Challenges which have already begun will be aborted by ModelBase and the results will not be evaluated; the Player in violation must then compensate ModelBase for any problems arising therefrom. ModelBase will evaluate each validated abuse incident on a case-by-case basis and impose suspension or termination at its sole discretion, and may void any associated winnings. ModelBase reserves the right to lift any suspension against You at any time, at its sole discretion. ModelBase reserves the right to institute civil or criminal proceedings against You and/or report You to the relevant regulatory or law enforcement authorities.
Furthermore, if a Player's Account is blocked or terminated then that Player is obligated to pay a contract penalty to ModelBase. The contract penalty shall be the average turnover profit that the Player generated per month for the last three months before the contract penalty. If the relationship has existed for less than three months, then the average will be taken from the full duration of contract. ModelBase reserves the right to withhold funds from the abusive Player's Account in compensation for damages to ModelBase or third-parties, as well as to pay for this contract penalty.
14. Circumvention.
You acknowledge and agree that You shall not circumvent or attempt to circumvent any of these Terms and Conditions, the Service or any Challenges offered through this Website or otherwise interrupt or attempt to interrupt the operations of the Website (collectively, a "Circumvention Act"). If ModelBase determines, in its sole discretion, that You have engaged, or attempted to engage, in any Circumvention Act, use automated technology or otherwise unfairly alter Your chances of winning, or to otherwise commit fraud with regard to the Website, then, in such an event, You will forfeit all winnings to which You may otherwise be entitled, and ModelBase reserves the right to terminate Your Account immediately and institute civil or criminal proceedings against You and/or report You to the relevant regulatory authorities.
15. Security.
If You use this Website, You are responsible for restricting access to Your computer and ensuring that Your computer is free from all types of malicious code, spyware, viruses, Trojans, etc. that may track any data You enter via this Website, including e-mail address, credit card number, and other payment related information. In addition, You are responsible for maintaining the confidentiality of Your Account and Identifiers and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your Account or password. You agree to (a) immediately notify ModelBase of any unauthorized use of Your password or Account or and other breach of security, and (b) ensure that You exit from Your Account at the end of each session. ModelBase cannot and will not be held liable for any loss or damage arising from Your failure to comply with this section.
ModelBase reserves the right to monitor all network traffic to this Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Website in any fashion. Anyone using this Website expressly consents to such monitoring.
16. Indemnification.
You agree to defend, indemnify and hold harmless ModelBase and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors from and against all liabilities, actions, claims and expenses, including legal fees arising out of or relating to: (a) Your use of the Website or the Service, including any data or work transmitted or received by You or any service provider; (b) any other party's access and use of the Website or the Service with Your unique Identifiers, except where You have previously notified ModelBase that You believe such Identifiers are no longer secure and confidential, as specified in Section 5B; (c) Your connection to any ModelBase site; (d) Your violation of these Terms and Conditions; (e) Your violation of any sports betting regulations, edicts or laws to which the You are subject; or (f) Your violation of any rights of a third party or service ModelBase.
17. Arbitration.
Any dispute relating in any way to Your visit to Website shall be submitted to confidential arbitration in Stockholm, Sweden except that, to the extent You have in any manner violated or threatened to violate ModelBase intellectual property rights, ModelBase may seek injunctive, equitable, or other appropriate relief in any state or federal court and the User consents to exclusive jurisdiction and venue in the states and federal courts in the country of Sweden. You and ModelBase agree that any Dispute between You and ModelBase shall be resolved exclusively and finally by arbitration administered by the National Arbitration Forum ("NAF"), using interpretations under Swedish law, and conducted under its rules, except as otherwise provided below. You and ModelBase will agree on another arbitration forum if NAF ceases operations. The arbitration will be conducted before a single arbitrator, and will be limited solely to the Dispute between You and ModelBase. The arbitrator's award, including attorneys' fees, shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions or Privacy Policy, shall be joined to an arbitration involving any other party subject to these Terms and Conditions or Privacy Policy, whether through class arbitration proceedings or otherwise. 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. § 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 Terms and Conditions or Privacy Policy, 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 ModelBase; or iii) any other dispute arising out of or relating to the relationship between You and ModelBase.
18. Applicable Law/Jurisdiction.
By visiting the Website, even if accessed from a location outside the United States, You agree that the laws of the country of Sweden will govern these disclaimers, Terms and Conditions, Privacy Policy, or Software Terms, without giving effect to any principles of conflicts of laws. ModelBase reserves the right to make changes to its Website and these disclaimers, Terms and Conditions, Privacy Policy, and Software Terms at any time. You hereby irrevocably and unconditionally consents to jurisdiction in the country of Sweden.
19. Waiver/Severability.
The failure of ModelBase to require or enforce strict performance of You of any provision of these Terms and Conditions or to exercise any right under them shall not be construed as a waiver or relinquishment of ModelBase's right to assert or rely upon any such provision or right in that or any other instance.
The provisions of these Terms and Conditions are intended to be severable. If for any reason any provision of these Terms and Conditions shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms and Conditions, which shall continue to be in full force and effect.
20. Statue of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, Terms and Conditions, Privacy Policy, or Software Terms must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
21. Entire Agreement.
These Terms and Conditions constitute the entire agreement between You and ModelBase with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms and Conditions, Privacy Policy, or Software Terms will be effective only if in writing and signed by ModelBase.
The section titles in the TERMS AND CONDITIONS OF USE are for convenience only and have no legal or contractual effect.
We only collect the minimum information that is needed in order to securely process your membership application and to be able to contact you to provide customer support. Your IP address is stored for security and fraud detection purposes.
Only ModelBase employees dealing with a customer support request or investigating a suspicious transaction have access to your data. In some cases, we may release your contact details according to governmental authorities when required to do so by law. In no instances will your private information be compromised where it could be subject to abuse by other parties.
The ModelBase Website is a free mental agility challenge platform that offers its Members the chance to win prizes and acts as a platform for communications in certain countries. Members are able to compete against other Members in ModelBase Challenges ("Challenges") to win gift cards, physical goods or real money. Information pertaining to the Challenges that are offered, the rules, and further information about Challenge play can be found on the Website.
1. Acceptance of Terms and Conditions.
By using this Website and/or creating an account and becoming a Member, You accept and agree to all terms, conditions and notices contained or referenced on the Website ("Terms and Conditions"). Please read the following Terms and Conditions carefully. If You do not agree to the Terms and Conditions, do not use this Website. By accessing, using, or downloading in any way, without limitation, any Service from this Website, or merely browsing this Website, You agree to and are bound by these Terms and Conditions.
ModelBase reserves the right to change the Terms and Conditions at any time, without prior notice to You or any other Member or Website visitor. In such an event, ModelBase will send You an email containing the revised terms and conditions or a notification containing a link to where the revised terms and conditions can be viewed on the Website at least two (2) weeks before they go into effect. ModelBase may also send notice of the revisions to You using the ModelBase messaging service. If You do not expressly object to the validity of the new terms and conditions via email within this two (2) week period, then the newly revised Terms and Conditions will be considered agreed upon. If You reject the newly revised Terms and Conditions, then ModelBase may terminate this license agreement as provided herein.
2. Eligibility.
To be eligible to register and create an authorized ModelBase account ("Account") and become a Member, You must be at least eighteen (18) years of age or older and a legal resident of the United States, including the District of Columbia, and may not be a firm, business entity or institution. If you are a non-U.S. citizen and live in a different country which allows skill-based games, you may also create an authorized ModelBase account. By using this Website and Service, You represent and warrant that You have the right, authority and capacity to enter into this agreement and to abide by all of these Terms and Conditions. ModelBase reserves the right, in its sole and absolute discretion, to refuse service and access to any potential participant. Employees, officers, directors, investors, agents, and representatives of ModelBase and their parents, affiliates and subsidiaries, and each of their respective immediate family (defined as parents, spouse and children) and any person residing in the same household as such and sponsors and affiliates and advertising and promotion agencies of ModelBase are NOT eligible to use or create an Account on the Website for personal gain. They may, however, participate in Challenges for testing purposes, but without the intent to achieve any personal gain or profit for ModelBase.
3. Registration.
You must create an Account in order to become a Member and play Challenges on this Website. ModelBase does not charge a registration fee for You to become a Member for the Basic Membership. Play on certain Challenges or certain features offered may be dependent upon the existence of certain conditions such as the type of Account You have, Your age, proof of payment, number of completed Challenges, or specific Challenge rules.
4. Local Laws, Service Not Available in Some States.
You are subject to the laws of the country, state, city or other legal entity (collectively "Jurisdiction") in which You reside and/or from which You access the Website and the Service. The laws governing sweepstakes, contests, and tournaments with entry fees and/or prizes are set up by each individual state, not by the federal government. Based on these 50 sets of laws, ModelBase CANNOT offer fee-based Challenges with prizes to residents of the following states: Alaska, Arizona, Arkansas, Connecticut, Delaware, Florida, Illinois, Iowa, Louisiana, Maryland, Missouri, Montana, South Carolina, South Dakota, Tennessee, and Vermont. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. However, anyone may compete in the free weekly ModelBase Challenges.
5. Your Account.
A. Account Responsibility.
When you create Your Account, You represent that You are at least eighteen (18) years of age and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You may modify Your Registration Data by sending an email to [email protected]. If you provide any information that is untrue, inaccurate, not current or incomplete, or ModelBase has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ModelBase has the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof). You are responsible for paying all charges (plus applicable taxes) associated with the use of the Service under Your Account, including charges incurred as a Money Player subject to the posted terms and conditions for such play.
B. Secrecy Obligation.
To create an Account, You will need to select a unique username and password ("Identifiers"). Usernames may not be derived either from email addresses or Internet sites, may not infringe upon the rights of third parties, and may not violate any rules of good conduct. For security reasons, passwords must differ from usernames and may be changed whenever You deem necessary. Passwords should not be sequences of consecutive numbers (i.e."2345678") or letters (i.e.: "ABCDEFG"). More specifically, a secure password should contain a combination of numbers, letters and, when possible, special characters. Passwords should be kept secret and periodically changed (every 2 months at the latest). ModelBase will not give Your password to any third party unless required to do so by law. ModelBase will never ask You for Your password via telephone or email.
Once You have selected the Identifiers for Your Account, it is Your responsibility to keep these Identifiers secure and confidential. Some or all of these Identifiers are required to access certain areas of the Website. In the event that You are concerned that Your Identifiers are no longer secure and confidential, You should immediately notify ModelBase by sending an email to [email protected], whereupon new Identifiers may be selected and allocated and any future transactions under the previous Identifiers may be voided, at the sole discretion of ModelBase. Without limiting the foregoing, any transactions made and accepted on the Website where Your Identifiers have been used and where You have not previously notified ModelBase as provided herein will be treated as valid and You will be responsible for the same, including any expenses incurred; ModelBase will not issue any form of compensation.
C. No Transfer.
Only one Account is allowed per person. Multiple Accounts, as well as the setting up and operation of multiple Accounts, are prohibited. Your Account is not transferable. Under no circumstances shall You allow or permit any other person or third party, including without limitation any person under the legal age to participate in a Challenge in Your applicable Jurisdiction, and in no event any person under the age of thirteen (13) years, to use or re-use Your Account or Your Identifiers in such a way that may breach the standards or laws in any Jurisdiction where You are located and/or are a resident, or where such other person is located and/or is a resident. Any person found to have violated this section may be reported to the relevant authorities.
6. Challenge Game Play.
A. Odds of Winning Challenges.
The results of all Challenges offered on the Website depend on the number of the players participating in such Challenges and the skill of the players in such Challenges; precise odds of winning are therefore unavailable.
B. Winners Lists.
Lists of winners will be posted on the Website immediately following each Challenge, except in the case of Challenges with substantial (as determined by ModelBase in its sole discretion) prizes, where lists may be delayed for up to five (5) business days while verification of the results takes place in order to help prevent potential abuse.
C. Determination of Winners.
The results and winners of each Challenge offered on the Website will be determined by ModelBase, and such determinations are final. By registering and/or participating in any Challenge, You agree to be bound by these determinations.
D. Fairness of Play.
ModelBase guarantees that all participants in a particular challenge are given the same starting conditions. This applies to all challenges offered on ModelBase and means that each participant of a particular challenge is given the same types of questions, puzzles, brainteasers, etc. Because of this, the level of difficulty is identical for all participants. For security concerns, players in ModelBase's challenges containing multiple participants are given random sets. This prevents participants from taking advantage of the other players by contacting one another about the sets used.
E. Prizes.
ModelBase is not liable for any lost winnings or potential winnings, not even in the case of prematurely closed Challenges.
7. Termination.
A. Your Right to Cancellation.
You may cancel Your Account within two (2) weeks of Your initial registration by sending an email to [email protected]. Your cancellation notice does not need to contain any reason for the cancellation. However, Your notice shall be void if You participate in a Challenge with a monetary entry fee on the Website any time during Your initial two (2) week time period.
B. Your Right to Termination.
You may terminate Your Account at any time. To terminate Your Account, please send an email to [email protected]. Any unused credits you have may be used or transferred to a friend.
C. ModelBase's Right to Termination.
ModelBase reserves the right to terminate Your Account, limit or prohibit your participation in any Challenge for without any reason. Immediate termination will result for obvious reasons, including, but not limited to, any violation of these Terms and Conditions, improper conduct or abuse by You as set forth in section 13. By registering for an Account, You consent to allow ModelBase to access Your Account information to, among other things, investigate complaints or other allegations of abuse. Please note that in certain circumstances where Your Account is closed by ModelBase for a violation of these Terms and Conditions, Your winnings may be voided and not returned to You. In such an event, ModelBase may use these winnings to defray the costs of administration and enforcement of these Terms and Conditions.
8. Intellectual Property Rights.
A. Copyright Information and Personal & Non-Commercial Use Limitation.
All Service and the compilation of all content included on this Website are owned or licensed by ModelBase and/or its affiliates and protected by United States and international copyright laws (© 2013 Kalendra, Ltd. All Rights Reserved). ModelBase does not claim ownership of copyrights owned by third parties.
You have been granted a license to view and use the Service subject to these Terms and Conditions. Unless otherwise specified, the Service on this Website is for Your personal and non-commercial use. You may not sell or modify the Service or reproduce, display publicly or otherwise use the Service in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from ModelBase. Users may not provide copyrighted or other proprietary information to ModelBase without permission from the owner of such material or rights. Users are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures or infringement.
B. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act.
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If You believe that Your copyrighted work has been copied without Your authorization and is available on this Website in a way that may constitute copyright infringement, You may provide notice of Your claim to ModelBase's Designated Agent listed below. For Your notice to be effective, it must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. A description of the copyrighted work that You claim has been infringed upon;
3. A description of where the material that You claim is infringing is located on this Website;
4. Information reasonably sufficient to permit the service ModelBase to contact the complaining party, such as address, telephone number, and, if available, an email address at which the complaining party may be contacted;
5. A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ModelBase's Designated Agent is:
ModelBase
Attn: ModelBase Legal Department
Email: [email protected]
Fax: +1 310 388 1226
ModelBase
Attn: ModelBase Legal Department
Email: [email protected]
Fax: +1 310 388 1226
The Designated Agent should be contacted only if You believe that Your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Website. All other inquires to the Designated Agent will not be answered.
C. Trademarks.
ModelBase and/or its affiliates own the ModelBase trademark for its services, including, without limitation the associated graphics, logos and service marks, are trademarks of ModelBase and/or its affiliates and may not be used without prior written consent of ModelBase. All other trademarks, product names, and company names and logos appearing on the Website are the property of their respective owners.
D. Posts/Comments.
You hereby grant ModelBase and its affiliates the unlimited right to use all posts submitted on the ModelBase forum, or other information submitted to ModelBase using the provided mechanisms for such including, but not limited to, photographs, Challenge comments, suggestions, etc. All posts, comments and contributions become the sole property of ModelBase. You are not entitled to compensation for such.
E. Rights of Publicity.
As a Money Player, You agree to the use by ModelBase and its affiliates of Your username, photograph(s), likeness, statements, biographical information, voice and city and state address for advertising and promotional purposes for this and similar promotions, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without additional compensation, review or approval rights, notification or permission, except where prohibited by law, if You win a jackpot, prize of the month/year, special prize, or win more than $1,000 (USD) in a single month. In the event of live Challenges, then You also consent to the publication and duplication of this data, recordings, and photographs for the purpose of press releases, advertisement, publications, public access, utilization and duplication.
YOU FURTHER ACKNOWLEDGE THAT IF YOU ARE CHOSEN AS A WINNER, YOUR IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, HAVING YOUR USERNAME PLACED A WINNERS' LIST.
9. Privacy and Protection of Personal Information.
ModelBase respects the privacy of visitors to our Website. Please see ModelBase's Privacy Policy [http://www.ModelBase.com/privacy.cfm] relating to the collection and use of Your personally identifiable information. You acknowledge and agree that this Privacy Policy, including, but not limited to, the manner in which ModelBase collects, uses and discloses Your personally identifiable information, is incorporated and made part of these Terms and Conditions. If You do not agree to each and every part of ModelBase's Privacy Policy, then You should not use the Website or submit any personally identifiable information through this Website. Questions regarding privacy issues should be directed to ModelBase via email at [email protected].
10. Maintenance and Reporting Problems.
ModelBase conducts maintenance work on its system from time to time mainly for the purpose of ensuring the server's security and integrity. If possible, You will be notified of maintenance periods in advance. A portion, or sometimes all, of the features of the Website will not be available during maintenance periods. No Challenge play may occur during a maintenance period. Challenges that have begun prior to such maintenance periods will end and not be extended into the maintenance period.
All problems encountered during the use of ModelBase's Services, including those with regard to Challenges, Player Accounts, etc., must be reported to ModelBase when the problem is encountered via email at [email protected]. Please be advised that, due to the fact that ModelBase deletes usage data after ninety (90) days, problems and errors cannot be reviewed after ninety (90) days have elapsed since the problem occurred.
11. Disclaimer of Warranties and Limitation of Liability.
You expressly agree that use of the Website and Service is at Your sole risk. Neither ModelBase nor any of its affiliates or their respective officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by ModelBase (collectively "Providers"), or the like, warrant that websites affiliated with Providers, including, but not limited to, this Website, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on this Website may contain inaccuracies or typographical errors. ModelBase makes no warranty as to the results that may be obtained from the use of the Website or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Website. Furthermore, ModelBase shall not be responsible for any opinions, views, advice or statements posted on the Service (including, without limitation, in any public posting areas of the Service) by any person or entity other than an authorized ModelBase spokesperson. Advertisers, content, Providers, users, guests, independent writers and experts are not authorized ModelBase spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, users, guests, independent writers or experts be relied upon for important personal decisions without independent verification.
A. Disclaimer of Warranties.
THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY TRIVIQ ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TRIVIQ AND THE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
TRIVIQ AND THE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SECURITY OF THE WEBSITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
B. Limitation of Liability.
TRIVIQ DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF TRIVIQ.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TRIVIQ WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF TRIVIQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THIS WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO TRIVIQ RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT TRIVIQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON TRIVIQ'S GOODS OR SERVICES, FROM INABILITY TO USE TRIVIQ'S GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF TRIVIQ'S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If You are dissatisfied with any portion of the Website, Your sole and exclusive remedy is to discontinue Your use of this Website.
12. Third Party Links.
This Website contains links to other websites and may forward You to other websites within the same Internet browser window. These websites are not under the control of ModelBase, and the existence of a link on the Website does not imply any endorsement of the linked websites by ModelBase or any affiliation between ModelBase and the owners of the linked websites. ModelBase makes no warranties or representations, and disclaims all liability, relating to the accuracy, content, terms of use, privacy policies, products, services, legality, reliability, viewpoint, accuracy, currency, decency, or any other aspect of the linked Websites. You agree that ModelBase has no responsibility to You with respect to such material. ModelBase encourages You to examine the privacy policies and/or terms of use policies of any third party website.
13. Online Conduct and Abuse.
A. Online Conduct and Abuse.
You agree to use the Website and the Services provided through this Website only for lawful purposes and to behave in a fair manner. Unacceptable uses and behavior that is deemed unacceptable include, without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) purposely entering faulty, misleading, incorrect, or incomplete information; (vi) exporting, re-exporting or permitting the downloading of any Service, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vii) interfering, disrupting or attempting to gain unauthorized access to other Accounts on the Website or any other computer network; (viii) committing, or attempting to commit fraud, especially through the use of mechanisms, software, or any script in association with the Website that is intended to interrupt the functioning of the Website, help a user achieve better results than could be achieved through the sole use of a mouse/keyboard, help the user to achieve a score that is not possible by following the Challenge controls described by ModelBase, or negatively influence another Player's Challenge controls; (ix) opening and/or using multiple Accounts; (x) purposely causing an interruption or error in order to influence a Challenge, such as to cause the Challenge to prematurely end; (xi) cooperating with other Members in a way that could create an advantage over novice users and thus diminish their opportunity for fair play and reduce their chances of winning; (xii) intentionally poor play in certain games in order to achieve a broader competitive advantage (i.e. "sandbagging"); (xiii) deliberately transferring money between Accounts (i.e. "money laundering"); (xiv) harassing other Members or Players; (xv) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; (xvi) causing any breach of the security of Your Account or the Website; or (xvii) breaching any of these Terms and Conditions.
B. Rules for Communication and Anti-Spam Policy.
It is possible for Members to contact each other on the Website for reasons such as challenging each other to Challenges. In doing so, Members are obligated to only send messages that (i) are free of obvious or hidden advertisement, (ii) are neither subjective, intentionally false, derogatory, defamatory, immoral, nor pornographic in nature nor fulfill any other element of offense, (iii) are not damaging to any third parties, (iv) do not contain any viruses or computer programs that could affect the function of external computers, (v) are not surveys or chain letters, (vi) were not written with the intent to expand a certain political, ideological, or religious denomination, and (vii) were not written with the intent to collect, save, or use personal information from users without their explicit consent, especially for promotional purposes.
ModelBase opposes the practice commonly referred to as "Spam." If You are reported and a claim of "Spam" is validated by ModelBase against You, You will have Your Account either immediately TERMINATED or SUSPENDED, at the sole discretion of ModelBase. Additionally, any winnings, if any, may be voided at the sole discretion of ModelBase. ModelBase defines "Spam" as (i) electronic mail messages addressed to a recipient with whom the initiator does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient, (ii) messages posted to forum and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, or posted in excessive volume; or (iii) solicitations posted to chat rooms, or to groups or individuals via Internet relay chat, via the ModelBase internal communication systems or "instant messaging" system.
C. Reporting Abuse or Inappropriate Conduct.
If you wish to report any abuses, inappropriate online conduct or a violation of ModelBase's Terms and Conditions, please forward all evidence of the same to [email protected]. Please refer responsibly!
D. Penalties for Abuse, Inappropriate Online Conduct and Violating ModelBase's Terms and Conditions.
ModelBase reserves the right to block, cancel or terminate Member Accounts without notice in cases of abusive behavior or suspicion of abuse, inappropriate online conduct, and/or for a violation of these Terms and Conditions, particularly in those instances detailed in sections 13(A) and 13(B). Upon the receipt of a credible and validated complaint, ModelBase may elect to immediately suspend or terminate Member's Account. (Suspension serves as a "final" warning and is intended to prevent You from continuing any abusive behavior.) If this occurs, then Challenges or Challenges which have already begun will be aborted by ModelBase and the results will not be evaluated; the Player in violation must then compensate ModelBase for any problems arising therefrom. ModelBase will evaluate each validated abuse incident on a case-by-case basis and impose suspension or termination at its sole discretion, and may void any associated winnings. ModelBase reserves the right to lift any suspension against You at any time, at its sole discretion. ModelBase reserves the right to institute civil or criminal proceedings against You and/or report You to the relevant regulatory or law enforcement authorities.
Furthermore, if a Player's Account is blocked or terminated then that Player is obligated to pay a contract penalty to ModelBase. The contract penalty shall be the average turnover profit that the Player generated per month for the last three months before the contract penalty. If the relationship has existed for less than three months, then the average will be taken from the full duration of contract. ModelBase reserves the right to withhold funds from the abusive Player's Account in compensation for damages to ModelBase or third-parties, as well as to pay for this contract penalty.
14. Circumvention.
You acknowledge and agree that You shall not circumvent or attempt to circumvent any of these Terms and Conditions, the Service or any Challenges offered through this Website or otherwise interrupt or attempt to interrupt the operations of the Website (collectively, a "Circumvention Act"). If ModelBase determines, in its sole discretion, that You have engaged, or attempted to engage, in any Circumvention Act, use automated technology or otherwise unfairly alter Your chances of winning, or to otherwise commit fraud with regard to the Website, then, in such an event, You will forfeit all winnings to which You may otherwise be entitled, and ModelBase reserves the right to terminate Your Account immediately and institute civil or criminal proceedings against You and/or report You to the relevant regulatory authorities.
15. Security.
If You use this Website, You are responsible for restricting access to Your computer and ensuring that Your computer is free from all types of malicious code, spyware, viruses, Trojans, etc. that may track any data You enter via this Website, including e-mail address, credit card number, and other payment related information. In addition, You are responsible for maintaining the confidentiality of Your Account and Identifiers and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your Account or password. You agree to (a) immediately notify ModelBase of any unauthorized use of Your password or Account or and other breach of security, and (b) ensure that You exit from Your Account at the end of each session. ModelBase cannot and will not be held liable for any loss or damage arising from Your failure to comply with this section.
ModelBase reserves the right to monitor all network traffic to this Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Website in any fashion. Anyone using this Website expressly consents to such monitoring.
16. Indemnification.
You agree to defend, indemnify and hold harmless ModelBase and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors from and against all liabilities, actions, claims and expenses, including legal fees arising out of or relating to: (a) Your use of the Website or the Service, including any data or work transmitted or received by You or any service provider; (b) any other party's access and use of the Website or the Service with Your unique Identifiers, except where You have previously notified ModelBase that You believe such Identifiers are no longer secure and confidential, as specified in Section 5B; (c) Your connection to any ModelBase site; (d) Your violation of these Terms and Conditions; (e) Your violation of any sports betting regulations, edicts or laws to which the You are subject; or (f) Your violation of any rights of a third party or service ModelBase.
17. Arbitration.
Any dispute relating in any way to Your visit to Website shall be submitted to confidential arbitration in Stockholm, Sweden except that, to the extent You have in any manner violated or threatened to violate ModelBase intellectual property rights, ModelBase may seek injunctive, equitable, or other appropriate relief in any state or federal court and the User consents to exclusive jurisdiction and venue in the states and federal courts in the country of Sweden. You and ModelBase agree that any Dispute between You and ModelBase shall be resolved exclusively and finally by arbitration administered by the National Arbitration Forum ("NAF"), using interpretations under Swedish law, and conducted under its rules, except as otherwise provided below. You and ModelBase will agree on another arbitration forum if NAF ceases operations. The arbitration will be conducted before a single arbitrator, and will be limited solely to the Dispute between You and ModelBase. The arbitrator's award, including attorneys' fees, shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions or Privacy Policy, shall be joined to an arbitration involving any other party subject to these Terms and Conditions or Privacy Policy, whether through class arbitration proceedings or otherwise. 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. § 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 Terms and Conditions or Privacy Policy, 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 ModelBase; or iii) any other dispute arising out of or relating to the relationship between You and ModelBase.
18. Applicable Law/Jurisdiction.
By visiting the Website, even if accessed from a location outside the United States, You agree that the laws of the country of Sweden will govern these disclaimers, Terms and Conditions, Privacy Policy, or Software Terms, without giving effect to any principles of conflicts of laws. ModelBase reserves the right to make changes to its Website and these disclaimers, Terms and Conditions, Privacy Policy, and Software Terms at any time. You hereby irrevocably and unconditionally consents to jurisdiction in the country of Sweden.
19. Waiver/Severability.
The failure of ModelBase to require or enforce strict performance of You of any provision of these Terms and Conditions or to exercise any right under them shall not be construed as a waiver or relinquishment of ModelBase's right to assert or rely upon any such provision or right in that or any other instance.
The provisions of these Terms and Conditions are intended to be severable. If for any reason any provision of these Terms and Conditions shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms and Conditions, which shall continue to be in full force and effect.
20. Statue of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, Terms and Conditions, Privacy Policy, or Software Terms must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
21. Entire Agreement.
These Terms and Conditions constitute the entire agreement between You and ModelBase with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms and Conditions, Privacy Policy, or Software Terms will be effective only if in writing and signed by ModelBase.
The section titles in the TERMS AND CONDITIONS OF USE are for convenience only and have no legal or contractual effect.
Privacy Policy
We value your privacy and are dedicated to ensuring that the sensitive personal information
you provide to us is properly protected. All personal and financial information you submit
is transmitted using maximum SSL security encryption allowed by law.
We only collect the minimum information that is needed in order to securely process your membership application and to be able to contact you to provide customer support. Your IP address is stored for security and fraud detection purposes.
Only ModelBase employees dealing with a customer support request or investigating a suspicious transaction have access to your data. In some cases, we may release your contact details according to governmental authorities when required to do so by law. In no instances will your private information be compromised where it could be subject to abuse by other parties.
Date Last Modified: May 1, 2020.
xxxxxxx