Terms of Service
These Terms of Service (the “Terms”) are a binding agreement between you and 321Trivia (“321Trivia,” “we,” “us,” or “our”) governing your access to and use of the 321Trivia websites, applications, hosting tools, and all trivia questions, answers, images, audio, curated games, and other content we make available (collectively, the “Service”). By creating an account, hosting or joining a game, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. Ownership of Our Content and Intellectual Property
The Service and all materials in it — including every trivia question, answer, fact, image, GIF, audio clip, curated round, question library, game format, category, layout, design, software, source code, database, and the “321Trivia” name and logo (collectively, “321Trivia Content”) — are owned by 321Trivia or its licensors and are protected by copyright, trademark, trade secret, database, and other intellectual-property laws. The selection, arrangement, and compilation of the 321Trivia Content is itself a protected work. No ownership rights transfer to you under these Terms.
2. Limited License to You
Subject to these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Service, and to use the 321Trivia Content solely to host or participate in trivia games through the Service. This license exists only while your account is in good standing and ends immediately if you breach these Terms. All rights not expressly granted are reserved.
3. Things You May Not Do
You agree that you will not, and will not permit or help anyone else to:
- copy, reproduce, download in bulk, screenshot for redistribution, scrape, crawl, harvest, index, or otherwise extract 321Trivia Content, in whole or in part, except as the Service’s intended features expressly allow;
- sell, resell, license, sublicense, rent, lease, publish, broadcast, distribute, post, or otherwise make 321Trivia Content available outside the Service;
- use 321Trivia Content — including our questions, answers, facts, or curated games — to run trivia or quiz events on any other platform, or to create, train, or improve any competing product, dataset, or model;
- reverse engineer, decompile, disassemble, or attempt to derive the source code, structure, or underlying data of the Service, or circumvent any access control, rate limit, watermark, or security measure;
- remove, obscure, or alter any copyright, trademark, or other proprietary notice;
- use automated means (bots, scripts, or data-mining tools) to access the Service except with our prior written permission; or
- use the Service in any way that infringes our or a third party’s rights or violates law.
4. Your Content and Contributions
You may create or upload your own questions, images, tags, or other material (“Your Content”). You keep ownership of Your Content, but you grant 321Trivia a worldwide, royalty-free, sublicensable license to host, store, display, reproduce, and use Your Content to operate and improve the Service. You represent and warrant that you own or have all rights necessary to Your Content and that it does not infringe any third party’s rights. Questions contributed to the shared question library may be made available to other hosts through the Service; contributing them does not give you any claim to other users’ content or to the 321Trivia Content.
5. Guest Rules: Drawings, Shout-outs and Reports
At a venue that uses 321Trivia, guests can send drawings, celebrations and shout-outs from their phones to the venue’s TVs. To send anything, you must be 13 or older and agree to these Guest Rules. Everything you send can be seen by everyone in the venue.
Keep it friendly and fit for a public room. Do not send anything that is hateful, harassing, bullying, threatening, sexual or nude, violent or gory, or that promotes illegal activity, drugs, or excessive or underage drinking. Do not post anyone’s private information (such as a phone number, address or last name) or put someone on the screen to embarrass them. Do not send advertising, links, or anything you don’t have the right to share.
Every submission is screened automatically before it is shown, and anything doubtful is held for the venue to review. The venue’s staff can remove anything at any time and block a phone from sending more. If you see something on a TV that breaks these rules, tap “Report something on the TV” on the venue’s Scan to Play page, or email info@321trivia.com. Reported items are taken off the screens for review, and we may remove content and block anyone who breaks these rules, without notice.
6. Accounts
You are responsible for your account, for keeping your credentials secure, and for all activity under your account. You must provide accurate information and promptly notify us of any unauthorized use. We may refuse, suspend, or terminate accounts at our discretion.
7. Enforcement, Suspension, and Termination
We may investigate suspected violations and may suspend or terminate your access, remove content, and pursue any legal or equitable remedy available to us. Because unauthorized copying or distribution of the 321Trivia Content can cause irreparable harm for which money damages are inadequate, you agree that we are entitled to seek injunctive relief in addition to any other remedy, without the need to post a bond. Sections that by their nature should survive termination — including ownership, restrictions, disclaimers, limitation of liability, and indemnification — will survive.
8. Cancellations
You may cancel a paid subscription at any time from Billing in your host account, or through the billing portal linked there. Cancelling turns off automatic renewal — we will not charge you again for that subscription.
Cancelling does not produce a refund. Payments already made, including the payment for the billing period you are in when you cancel, are non-refundable in whole and in part. This applies to monthly and yearly subscriptions alike, and whether or not you have hosted any games during the period.
Your plan stays fully available until the end of the period you have already paid for — the expiration date shown on your Billing page. On that date the subscription ends and your account returns to the free plan. Your account, your games, and your questions are not deleted by cancelling; features that require a paid plan simply stop being available.
One-time purchases are likewise non-refundable, and do not renew. Nothing here limits any refund right you have that cannot be waived under the law that applies to you.
9. Disclaimers
The Service and 321Trivia Content are provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components, or that any trivia answer is correct.
10. Limitation of Liability
To the maximum extent permitted by law, 321Trivia and its owners, employees, and licensors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to the Service. Our total liability for any claim relating to the Service will not exceed the greater of the amounts you paid us in the twelve months before the claim or one hundred U.S. dollars (US$100).
11. Indemnification
You agree to defend, indemnify, and hold harmless 321Trivia and its owners, employees, and licensors from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of your use of the Service, Your Content, or your breach of these Terms or of any law or third-party right.
12. Changes to These Terms
We may update these Terms from time to time. The updated Terms take effect when posted, and the “Effective” date above will change. Your continued use of the Service after an update means you accept the revised Terms.
13. Governing Law
These Terms are governed by the laws of the State of Illinois, United States, without regard to its conflict-of-laws rules, and you agree to the exclusive jurisdiction of the state and federal courts located there, except that we may seek injunctive relief in any court of competent jurisdiction.
14. Contact
Questions about these Terms? Contact us at info@321trivia.com.