END USER LICENSE AGREEMENT (Terms of Use)
Last updated November 02, 2020Triviador is licensed to You (End-User) by THX GAMES Tartalomfejlesztő Zártkörűen Működő Részvénytársaság, located at Budafoki út 183., Budapest, 1117, Hungary (hereinafter: Licensor), for use only under the terms of this License Agreement.
By downloading the Application from the Apple AppStore, Google Play or Huawei AppGallery and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.
The parties of this License Agreement acknowledge that Apple, Google, Huawei are not a Parties to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. THX GAMES Tartalomfejlesztő Zártkörűen Működő Részvénytársaság, not Apple/Google/Huawei, is solely responsible for the licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service, Google Play Terms of Service, Huawei AppGallery Terms of Service. THX GAMES Tartalomfejlesztő Zártkörűen Működő Részvénytársaság acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.
All rights not expressly granted to You are reserved.
1. THE APPLICATION
Triviador (hereinafter: Application) is a piece of software created to Game - and customized for mobile devices. It is used to play trivia game.
The Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Application. You may not use the Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. SCOPE OF LICENSE 2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Products that You (End-User) own or control and as permitted by the Usage Rules set forth in this section and the stores's Terms of Service (listed above), with the exception that such licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing, Google Play Family or volume purchasing.
2.2 This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.
2.3 You may not share or make the Application available to third parties (unless to the degree allowed by the Apple/Google Play/Huawei AppGallery Terms and Conditions, and with THX GAMES Tartalomfejlesztő Zártkörűen Működő Részvénytársaság's prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with THX GAMES Tartalomfejlesztő Zártkörűen Működő Részvénytársaság's prior written consent).
2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store/Google Play/Huawei AppGallery Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.
2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
3.2 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical specifications mentioned above.
3.3 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance and support services for this licensed Application. You can reach the Licensor at the email address listed in the App Store, Google Play, and Huawei AppGallery for this licensed Application.
4.2 THX GAMES Tartalomfejlesztő Zártkörűen Működő Részvénytársaság and the End-User acknowledge that Apple/Google/Huawei has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.
5. USE OF DATA
You acknowledge that Licensor will be able to access and adjust Your downloaded licensed Application content and Your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy: http://help.triviador.com/en/support/solutions/articles/66000215163.
6. VIRTUAL CURRENCY, SUBSCRIPTION
During a Application session, you may accumulate the Application’s virtual currency or virtual items. Virtual currency or virtual items are specific for use in the Application for which they are purchased and they are not transferable between or among different Applications.
Virtual items and virtual currency may be made available for purchase and/or they may be earned by you during game play, as determined in THX GAMES Tartalomfejlesztő Zártkörűen Működő Részvénytársaság’s sole discretion.
If made available for purchase, virtual items and virtual currency may be purchased from THX GAMES Tartalomfejlesztő Zártkörűen Működő Részvénytársaság, or through a third party service.
If you are under the age of 18, you may purchase virtual items and virtual currency from THX GAMES Tartalomfejlesztő Zártkörűen Működő Részvénytársaság only with the involvement of a parent or guardian. You should review these Terms of Service with a parent or guardian to make sure that you both understand them.
All purchases of virtual items and virtual currency are final and non-refundable.
THX GAMES Tartalomfejlesztő Zártkörűen Működő Részvénytársaság RESERVES THE RIGHT TO DETERMINE IN ITS SOLE DISCRETION THE PAYMENT METHODS WHICH MAY BE USED BY YOU TO PURCHASE VIRTUAL ITEMS AND VIRTUAL CURRENCY, AND HOW, WHEN AND FOR WHAT PRODUCTS OR SERVICES VIRTUAL ITEMS AND VIRTUAL CURRENCY MAY BE REDEEMED. IN ADDITION, THX GAMES LTD. MAY MODIFY, ELIMINATE OR DISCONTINUE VIRTUAL ITEMS, VIRTUAL CURRENCY OR OTHER APPLICATION SPECIAL FEATURES ENTIRELY AS IT SEES FIT.
If THX GAMES Tartalomfejlesztő Zártkörűen Működő Részvénytársaság elects to make virtual items and/or virtual currency available for purchase through a third party service that purchase is subject to the terms and conditions of the applicable third party service. It is your responsibility to read and accept those terms. THX GAMES Tartalomfejlesztő Zártkörűen Működő Részvénytársaság shall NOT be responsible or liable for your interactions with the third party service or any purchase from such third party.
Virtual currency and/or virtual items may be redeemed for special in-game features, such as power-ups, boosts, special game-modes, shields and the like. You can activate these special in-game features while playing the Application. These special in-game features may only be used within the applicable Application.
Subscription Period:The Subscription Period for the Applicatioon will begin on the day you order the "Order of Dragons" membership. You agree to pay the Subscription Fee for the Subscription Period. Your subscription to the "Oder of Dragons" membership will automatically renew for a new Subscription Period upon your payment of the new subscription fee. THX GAMES reserves the right to change the Subscription Fee for any renewal Subscription Periods. Each new Subscription Period will be subject to the same terms and conditions set forth in this Agreement, which may be updated by THX GAMES from time to time. Updates to the terms of this Agreement can be found on THX GAMES's Solutions portal.
Virtual currency and virtual items are made available under a limited license for your personal use within the Application. You understand that you have no right or title to or interest in any virtual currency or virtual items earned or purchased by you, or the special in-game features for which virtual currency or virtual items are redeemed.
Virtual currency, virtual items and special in-game features are not transferable or redeemable for any sum of money or monetary value from THX GAMES Tartalomfejlesztő Zártkörűen Működő Részvénytársaság, or any third party and you agree not to sell or exchange virtual currency, virtual items or any special in-game features. THX GAMES Tartalomfejlesztő Zártkörűen Működő Részvénytársaság will not recognize any sale or transfer of virtual currency, virtual items or special in game features and any such transfer shall be deemed void.
6. USER GENERATED CONTRIBUTIONS
The Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Application, and other users of the Application to use your Contributions in any manner contemplated by the Application and these Terms of Use.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Application and these Terms of Use.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Application in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Application.
7. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Application or making Contributions accessible to the Application by linking your account from the Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Application. You are solely responsible for your Contributions to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations in the Application; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
8. LIABILITY
8.1 Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.
8.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to licensed Application.
9. WARRANTY
9.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.
9.2 No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of THX GAMES Tartalomfejlesztő Zártkörűen Működő Részvénytársaság's sphere of influence that affect the executability of the Application.
9.3 You are required to inspect the Application immediately after installing it and notify THX GAMES Tartalomfejlesztő Zártkörűen Működő Részvénytársaság about issues discovered without delay by e-mail provided in Contacts. The defect report will be taken into consideration and further investigated if it has been mailed within a period of five (5) days after discovery.
9.4 If we confirm that the Application is defective, THX GAMES Tartalomfejlesztő Zártkörűen Működő Részvénytársaság reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
9.5 In the event of any failure of the Application to conform to any applicable warranty, You may notify the App-Store-Operator, and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.
9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
10. PRODUCT CLAIMS
THX GAMES Tartalomfejlesztő Zártkörűen Működő Részvénytársaság and the End-User acknowledge that THX GAMES Tartalomfejlesztő Zártkörűen Működő Részvénytársaság, and not Apple/Google/Huawei, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of that licensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.
11. LEGAL COMPLIANCE
11.1 You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.
11.2. You represent and warrant that You are not located in a country that is subject to a EU embargo, or that has been designated by the European Union as a "terrorist supporting" country; and that You are not listed on any European Union list of prohibited or restricted parties.
12. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:THX GAMES Zrt.Budafoki út 183.Budapest, 1117Hungary[email protected]
13. TERMINATION
The license is valid until terminated by THX GAMES Tartalomfejlesztő Zártkörűen Működő Részvénytársaság or by You. Your rights under this license will terminate automatically and without notice from THX GAMES Tartalomfejlesztő Zártkörűen Működő Részvénytársaság if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
THX GAMES Tartalomfejlesztő Zártkörűen Működő Részvénytársaság represents and warrants that THX GAMES Tartalomfejlesztő Zártkörűen Működő Részvénytársaság will comply with applicable third-party terms of agreement when using licensed Application.
In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," Apple/Google/Huawei and theirs subsidiaries shall be third-party beneficiaries of this End User License Agreement and - upon Your acceptance of the terms and conditions of this license agreement, Apple/Google/Huawei will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
15. INTELLECTUAL PROPERTY RIGHTS
THX GAMES Tartalomfejlesztő Zártkörűen Működő Részvénytársaság and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User's possession and use of that licensed Application infringes on the third party's intellectual property rights, THX GAMES Tartalomfejlesztő Zártkörűen Működő Részvénytársaság, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.
16. TRADEMARKS
The THX GAMES Tartalomfejlesztő Zártkörűen Működő Részvénytársaság logo and all other trademarks are owned by THX GAMES Tartalomfejlesztő Zártkörűen Működő Részvénytársaság or its affiliates and licensors, and may be registered in specific countries. Other company and product names appearing on this website may be trademarks of their respective owners and are used for the benefit of those owners.
17. APPLICABLE LAW
This license agreement is governed by the laws of Hungary excluding its conflicts of law rules and specifically excluding the United Nations Convention on Contracts for the International Sale of Goods. Venue for any action here under shall lie in the ordinary courts located in Budapest, Hungary, and you hereby consent and submit to the personal jurisdiction of such courts and agree not to assert a defense of forum non conveniens, sovereign immunity or analogous doctrines in connection with any such court action. You agree that the courts of your home country and the courts of Hungary shall have non-exclusive jurisdiction to hear and determine any suit, action or proceeding that may arise out of, or in connection with, this Terms of Services and the services provided here under.
18. IDEAS, SUGGESTIONS, PROPOSALS
While THX GAMES Tartalomfejlesztő Zártkörűen Működő Részvénytársaság appreciates to hear from its customers regarding their experiences with the Application, THX GAMES Tartalomfejlesztő Zártkörűen Működő Részvénytársaság does NOT accept for review or consider any unsolicited submissions. The purpose of this policy is to avoid future misunderstandings that may occur if an idea that is submitted is identical or similar to one being used or developed by THX GAMES Tartalomfejlesztő Zártkörűen Működő Részvénytársaság or another company. Therefore, THX GAMES Tartalomfejlesztő Zártkörűen Működő Részvénytársaság requests that you please do NOT submit unsolicited submissions through or on the Application or otherwise to THX GAMES Tartalomfejlesztő Zártkörűen Működő Részvénytársaság.
If you do make such unsolicited submission, despite our request that you not do so, you acknowledge that (i) such submission is not being made in confidence or trust, (ii) you have no expectation of compensation or consideration of any kind, and (iii) you grant, or warrant that the owner of any such submission has expressly granted to THX GAMES Tartalomfejlesztő Zártkörűen Működő Részvénytársaság a worldwide, royalty-free, non-exclusive and perpetual right and license to use, reproduce, modify, translate, publish, distribute, perform, prepare derivative works of and otherwise fully exploit such unsolicited submission without any liability whatsoever.
You further represent and warrant that (i) you have the right and authorization to make the foregoing grant without the consent of any third party, and (ii) your submissions are not false or misleading and do not and will not infringe any right of any third party.
19. SUBMITTING QUESTIONS OTHER MATERIALS
Anyone submitting questions to the data manager of THX GAMES Tartalomfejlesztő Zártkörűen Működő Részvénytársaság do so giving and assigning free rights of their use to THX GAMES Tartalomfejlesztő Zártkörűen Működő Részvénytársaság.
The data manager has the final decision whether or not to use the questions submitted as on-line content, or to otherwise publish, adapt, or pass on the questions. The data manager does not consider the source of any submitted questions. The person submitting the question does so ensuring that the publication of the questions does not depend on a third party, and any third party does not have any rights, or claims on the questions, which excludes, restricts, prevents or threatens their free usage by the data manager.
Submitters of questions to THX GAMES Tartalomfejlesztő Zártkörűen Működő Részvénytársaság are not entitled to any remuneration or consideration, and can not prohibit the further use of the questions after they have been submitted.
The same conditions apply to any other materials submitted to THX GAMES Tartalomfejlesztő Zártkörűen Működő Részvénytársaság for any reason, include but not limited to: Contests, Raffles, Competitions, Requests, Solicitations and Calls for Designs.
20. MISCELLANEOUS
20.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.20.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.