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Terms of Service

Thank you for visiting our website, mobile application, and/or other platforms (the “Platforms”). The Trivver, Inc. (“Trivver,” “we,” “our,” “us”) values and respects you, and these Terms of Use (the “Terms of Use”) are intended to form the foundation of the governing items with respect to your use of the Platforms. We may update this Terms of Use at any time. Your use of the Platforms signifies your consent to be legally bound by both these Terms of Use and our Privacy Policy. If you do not agree to either the Terms of Use or the Privacy Policy, please refrain from using or installing the Platforms. Trivver is committed to complying with all applicable laws and regulations governing the content of the Platforms and services provided by Trivver.



Notice to Minors

Trivver aims to fully comply with all federal laws and, thus, at a minimum, you must be at least thirteen (13) years of age to use the Platforms. No one under thirteen (13) years of age may provide any personal information. Trivver does not knowingly collect personal information from children under the age of thirteen (13).


If you are under thirteen (13) years of age, please do not send any information about yourself to us, or to anyone else through this Site. Personal information includes, but is not limited to, your name, address, telephone number, and/or email address. If we discover any personal information from anyone under the age of thirteen (13), we will immediately delete that information per the requirements of the Children’s Online Privacy Protection Act and any other applicable laws. If you believe we have received information from or about a child under the age of thirteen (13), please contact us at [email protected] with a subject heading "Privacy Policy".



Accounts

In order to use certain features of the Platforms, you may need to create an account. If the Platforms require you to create a user account, you are only to use your user account and not the user account of another without their permission.


You agree that you shall immediately notify Trivver of any unauthorized use of your username, password, or any other breach of security whatsoever. In order to safeguard your security, the security of the Platforms, and the user experience of others, you agree to log out of your account at the end of each session on the Platforms. Please remember to exercise particular caution when accessing your account from a public or shared computer so others are not able to view or record your password or other personal information.


As you browse the Platforms, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platforms that all the information you provide on the Platforms is correct, current, and complete.


We reserve the right to disable any user identification code, username, or password, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have failed to comply with any provision of the Terms of Use, Privacy Policy, or any other applicable agreement, law, or regulation.



License Grant to Trivver

You hereby grant Trivver, and Trivver accepts a non-exclusive, worldwide, fully-paid, royalty-free, non-transferable, non-sublicensable revocable license during the Term to use, copy, distribute, prepare derivative works, display in public, and publicly perform your Ads that you provide or upload in connection with the Service. The license granted to Trivver in and to such Ads is not limited to personal uses, but also extends to any commercial use, at Trivver’s sole discretion. You understand that Trivver, in performing the required technical steps to serve your Ads and Promotions to its users, may (a) transmit or distribute your Ads and Promotions over various public networks and in various media; (b) make such changes to your Ads and Promotions as necessary to conform and adapt your Ads to the technical requirements of connecting networks, devices, services or media, and (c) enable its users to download and save your Ads and Promotions on their devices for non-commercial purposes only. Trivver acknowledges and agrees that except for the license rights that you grant to Trivver, Trivver does not obtain any other right, title or interest from you (or your licensors) under the terms of this Agreement or to any of your Ads or Promotions.



Termination

You may terminate your use of the Platforms and your account at any time by closing your Trivver account and/or ceasing your access to the Platforms and your account. Trivver reserves the right to terminate your use of the Platforms and/or account at any time for any reason, or for no reason, with or without notice to you. For purposes of explanation and not limitation, most Trivver account suspensions and terminations are the result of violations of the Terms of Use. In case of minor violations of these rules, Trivver may provide you with a prior warning and/or suspend your use of the Trivver account due to your non-compliance prior to terminating the Agreement or modifying or deleting an Trivver account.


In the event of a termination of your account, any right you may have had to any virtual goods, promotional codes, coupons, discounts, and other related promotions, are forfeited, and you agree and acknowledge that you are not entitled to any refund, if any, for amounts which were on your Trivver account prior to any termination of your account. In addition, you will not be able to use the Platforms.



Mobile applications

From time to time, we may offer mobile applications for public consumption and/or download (the “Apps”). Please note, Apple, Inc. and Google, Inc. or any other third party provider for the Apps may have separate Terms of Use, which must be followed. You should always read and understand the policies of any third party provider before making any purchase or downloading any of the Apps.



Intellectual property ownership

Unless otherwise noted, all content on the Platforms, including any names, logos, trademarks, service marks, brand identifiers, copyrights, trade dress, and/or other intellectual property appearing on the Platforms, including the organization, compilation, look and feel, illustrations, graphics, artworks, videos, music, software, and other works of the Platforms (the “Works”) are owned by Trivver, or used with permission of the third party (the “Owners”), and are protected under copyright, trademark, and other intellectual property and proprietary rights laws. All right, title, and interest to the Works remain with Trivver and/or the Owners. Nothing herein shall be interpreted to grant you a license to use any of the Works without Trivver’s and/or the Owner’s permission. You may not modify, copy, distribute, republish or upload any of the material on the Platforms in any way unless you obtain the prior written consent of Trivver.

 

Content from third parties

Any and all content from third parties is for informational purposes only and Trivver does not verify the accuracy or truthfulness of any material. Trivver does not independently verify the accuracy or truthfulness with respect to the operation of any of the locations identified in the Platforms, including the hours of operation, availability of certain products/services, or otherwise.



Content posted by users

Any and all content posted by you to the Platforms, to Trivver’s social media pages, mobile application and mobile store pages, or any other area to which you may have access to or the ability to post content, must comply with the these Terms of Use, the Privacy Policy, any other agreement controlling your relationship with Trivver, and any applicable federal, local, or state laws and regulations.

By using the Platforms, you are agreeing to these Terms of Use, and warrant that: (i) you have obtained the necessary permissions of any and all third parties for content posted by you; (ii) to the best of your knowledge, any and all content posted by you is truthful and accurate, and not misleading in any manner; and (iii) you are not violating any law, regulation, code, or otherwise in your posting of the content, including intellectual property, right of privacy, and defamation.

You further agree to indemnify, defend, and hold harmless Trivver from any and all liability, claim, cause of action, loss, or damages resulting from content you post to the Platforms, to Trivver’s social media pages, mobile application and mobile store pages, or any other area to which you may have access to or the ability to post content.

You hereby grant an irrevocable, fully prepaid, perpetual license to Trivver to use anything posted by you to the Platforms.



Restriction on use

You are permitted to use the Works and/or any services and products on the Platforms for lawful purposes as provided in these Terms of Use; any other use or misuse of any of the Works is strictly prohibited. Trivver grants you a non-exclusive, limited, personal, non-transferable, revocable license to access and use the Works, without right to sub-license, under the following conditions: you shall not, without Trivver’s express written consent: (i) copy, re-transmit, modify, disseminate, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute the Works, or modify or re-use all or any part of the Works; (ii) use any trade name, trademark, or brand name of Trivver in metatags, keywords, and/or hidden text; (iii) create derivative works from the Works or commercially exploit the Works, in whole or in part, in any way; and (iv) use the Platforms, the Works, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution, or statement as to Trivver, the Owners, or any third party referenced therein. Trivver reserves all other rights.

You shall not alter, remove, or obscure any copyright notice, digital watermarks, trademark notices, proprietary legends, or any other notice included in the Works. Except as expressly provided herein, nothing on the Platforms shall be construed as granting or conferring any license under Trivver’s and/or the Owners’ intellectual property rights, whether by estoppel, implication, or otherwise. Notwithstanding anything herein to the contrary, Trivver may revoke any of the foregoing rights and/or your access to the Platforms, or any part thereof, including blocking your IP address, at any time without prior notice.



Payment Terms

To benefit from the Trivver Service, you must submit a credit or debit card (Visa, Mastercard, American Express, Discover, JCB, and Diners Club credit and debit cards) (a “Payment Instrument”) through which you will pay all charges incurred in connection with the Service via our designated third-party online payment processor (currently Stripe). You authorize Trivver or our third-party online payment processor to store the Payment Instrument, along with other related transaction information, and bill the designated Payment Instrument up to the applicable maximum spend amount during the Service term, and if applicable, in a recurring fashion during the subscription Service term. Our third-party online payment processor may hold payments for up to 90 days as part of their delayed payments option. If any funds you placed in your Trivver Advertiser Account remain unused during those 90 days, that portion will be returned to you.



Social media and linked sites

From time to time, the Platforms may include features and functionality that allow you to interact with other sites that are not under our control (“Linked Site”), including various social media pages (“Social Media Site”). Trivver provides these features, functionality, and links to you as a convenience and does not endorse or control or guarantee the products, services, promotional codes, coupons, or any other related promotions of any Linked Site or Social Media Site. Trivver is not responsible for the contents or transmission of any Linked Site or Social Media Site, or for the terms of use or privacy policy, of any Linked Site or Social Media Site. You should carefully read the policies for the sites you visit. If you have any questions or concerns about the products, services, promotional codes, coupons, or any other related promotions offered on linked third party websites, you are responsible for directly contacting the applicable third party regarding any such issues. Under no circumstances are you authorized to make any claim regarding Trivver or any of its products on any Social Media Site regardless of any material connection you may have with Trivver or your receipt of any consideration. If you make any claim regarding Trivver or any of Trivver’s products or services on a Social Media Site in violation of the foregoing, you, and not Trivver, shall be solely responsible and liable therefore.

 

No solicitation, offer, or advice

Advertising and related information on the Platforms is not intended to constitute an offer to sell or a solicitation or recommendation of any particular product, service, promotional code, coupon, or any other related promotion by Trivver.

 

Submitted ideas

Any ideas, comments, suggestions, notes, drawings, concepts, or other information submitted to Trivver, whether through the Platforms or by other means, shall be deemed to be non-confidential and non-proprietary. Trivver does not owe you any confidentiality or nondisclosure, express or implied. Trivver shall be entitled to unrestricted use of the idea, comment, suggestion, note, drawing, concept, or other information for any purpose whatsoever, commercial or otherwise, without compensation to you.



Community guidelines

The Platforms, Linked Sites, and Social Media Sites may include the ability to post comments or otherwise engage in communications with third parties through bulletin boards, chat rooms, blogs, comment sections, and/or other community forums (the “Community Forums”). The following governs the use of the Community Forums:

  1. Trivver will monitor the Community Forums on a regular basis for violations of these Terms of Use, violation of the Privacy Policy, or any illegal content.
  2. Trivver will not act as an arbiter for any dispute or disagreement between users and shall have no liability to you for any content posted in the Community Forums and is under no obligation to edit or modify information available in the Community Forums.
  3. Trivver reserves the right, in its sole and complete discretion, to refuse to post, or remove, any material submitted to the Community Forums.
  4. You acknowledge and agree that Trivver may store any material posted to the Community Forums. You further acknowledge and agree that Trivver may use material posted by you in the Community Forums for any purpose whatsoever, including but not limited to incorporating the submission into content that may be commercial in nature.
  5. Prohibited Statements – you are expressly prohibited from submitting any of the following:
    1. Any submissions that disparages competitive products, is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, racially offensive, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable.
    2. Any submission that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including without limitation, material that depicts child pornography, acts of violence, drug use, or would violate the regulations of the U.S. Securities and Exchange Commission, or any rules of a securities exchange.
    3. Any submission that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary rights of any party.
    4. Any submission that impersonates any person or entity, or otherwise misrepresents your affiliation with a person or entity.
    5. Unsolicited promotions, political campaigns, advertising, or solicitations.
    6. Private information of any third party, including without limitation, addresses, phone numbers, email addresses, social security numbers, credit card numbers, or any other similar piece of information.
    7. Viruses, spyware, Trojans, corrupted data, or any other harmful, disruptive, or destructive files.
    8. Any other submission that, in Trivver’s sole and complete discretion, is inappropriate or objectionable, or which restricts or inhibits any other person from using or enjoying the Platforms, or which may expose Trivver or its users to any harm or liability of any type.
 

No archive

The Platforms is not and shall not function as an archive. Trivver shall have no liability to you or any other person for loss, damage, or destruction to any submission. You shall be solely responsible for maintaining independent archival and backup copies of any submission.



Disclaimers

WITHOUT LIMITING ANYTHING HEREIN, THE PLATFORMS, ITS CONTENT, AND ALL OF ITS FEATURES, ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND WITH RESPECT TO THE PLATFORMS, ITS CONTENT, AND OF ITS FEATURES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRIVVER SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED HEREIN. ADDITIONALLY, TRIVVER DOES NOT MAKE ANY WARRANTIES THAT THE PLATFORMS WILL BE SECURE, ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORMS OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR OTHERWISE MEET YOUR EXPECTATIONS. TRIVVER DOES NOT WARRANT THAT THE PLATFORMS, ITS CONTENT, OR FEATURES ARE CORRECT, ACCURATE, OR RELIABLE. TRIVVER RESERVES THE RIGHT TO CHANGE ANY PART OF THE PLATFORMS AT ANY TIME WITHOUT NOTICE.



Limitation of Liability

YOUR USE OF THE PLATFORMS IS AT YOUR OWN RISK. TRIVVER, ITS AFFILIATES, AND THE RESPECTIVE OFFICERS, DIRECTORS, AGENTS, AND REPRESENTATIVES WILL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY DAMAGES, DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT, OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE PLATFORMS, OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF THE WORKS, OR OTHER INFORMATION AVAILABLE ON THE PLATFORMS, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT, PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY, OR OTHERWISE. THE FOREGOING SHALL APPLY EVEN IF TRIVVER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE PLATFORMS, THE TERMS OF USE, OR THE PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE PLATFORMS AND ITS SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST TRIVVER, ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, AND LICENSORS ARISING OUT OF YOUR USE OF THE PLATFORMS. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE, THEN THE AGGREGATE LIABILITY OF TRIVVER, ITS AFFILIATES, AND THE RESPECTIVE OFFICERS, DIRECTORS, AGENTS, AND REPRESENTATIVES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). THE PLATFORMS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS, AND EXCLUSIVE REMEDIES HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED THEIR ESSENTIAL PURPOSE.



Digital millenium copyright act

Trivver is committed to respecting and protecting the legal rights of copyright owners. As such, Trivver adheres to the following notice and take down policy, in full compliance with 17 U.S.C. § 512 et seq. (Section 512(c)(3) of the DMCA). If you believe any of the content that appears on the Platforms infringes upon your intellectual property rights, please submit a DMCA Takedown Notice alleging such infringement. To be valid, the DMCA Takedown Notice must be sent to Trivver’s designated agent at [email protected] with the subject heading of DMCA Notice and include the following:

  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. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works.
  3. Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled, and information reasonably sufficient to permit the service provide to locate the material.
  4. Information reasonable sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail.
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
 

Trademark policy

Trivver is committed to respecting and protecting the legal rights of trademark owners. As such, Trivver provides the following policy for trademark owners who believe that any of the content that appears on the Platforms infringes upon his/her/its rights. Trivver encourages trademark owners to attempt to resolve the trademark dispute directly with the party involved, if possible. If you are unable to reach a resolution, you can report a trademark violation by sending a notice to Trivver’s designated agent at [email protected] with the subject heading of "Trademark Notice" and include the following:

  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. Identification of the trademark claimed to have been infringed, including the registration and/or application number, and the registration office (i.e. United States Patent and Trademark Office).
  3. Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled, and information reasonably sufficient to permit the service provide to locate the material.
  4. Information reasonable sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail.
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the trademark owner, its agent, or the law.
  6. A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.


No framing or linking

Framing, in-line linking, or other methods of association with the Platforms are expressly prohibited without prior written approval from Trivver.

 

International users

The Platforms are hosted in the United States and are intended for consumers using the Platforms in the United States. If you are attempting to access the Platforms from a physical location within the European Union, Asia or any other region with laws or regulations governing data collection, use, and disclosure that differ from the United States, please be advised that your use of the Platforms is governed by United States law, this Privacy Policy, and the Terms of Use. To the extent you provide Personal Information through the Platforms you are transferring your Personal Information to the United States and you consent to: such transfer; the application of the laws of the United States and the State of California with respect to any dispute arising from or related to the Privacy Policy and/or your use of the Platforms; exclusive jurisdiction of the courts of the State of California.



Choice of law and venue

Any claim and/or dispute that arises from your use of the Platforms shall be decided in accordance with the laws of the State of California, by a court of competent jurisdiction located in Orange County, California, United States of America. You agree that such court shall have personal jurisdiction over you and agree to submit to the jurisdiction and venue of such courts, and waive any objections based on inconvenient forum.

 

Ability to accept terms of use

You affirm that you are more than the legal age in the territory in which you reside, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and to abide by and comply with the Terms of Use.

  

Relationship

You acknowledge and agree that no confidential, fiduciary, contractually implied or other relationship is created between you and Trivver by your use of the Platforms other than as strictly defined pursuant to the Terms of Use and any subsequent written agreement (such as a Retainer Agreement) entered into with Trivver.



No waiver

Trivver’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

  

Changes and updates

We may revise these Terms of Use from time to time. Your use of the Platforms following any revised Terms of Use shall be deemed an acceptance of the revised policy. We recommend you review these Terms of Use from time to time to stay updated. We will make a commercially reasonable effort to obtain your consent before implementing revisions which materially affect the disclosure or use of your Personal Information. If you disagree with the terms of these Terms of Use at any time, your sole remedy is to terminate your use of the Platforms and inform us of such termination.



Miscellaneous

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then it shall be construed in a manner which is valid and enforceable that is closest to the intentions set forth herein. The remainder of the Terms of Use shall remain in full force and effect.


Thank you for visiting our Platforms.



Trivver Contact Info

Trivver, Inc
Attn: Customer Service
20411 SW Birch Street, Suite 330
Newport Beach, CA 92660
Email: [email protected]


Updated: June 25, 2018