Visitors to this website who purchase trivia material, Quiz Kits or Quiz Packs become Customers of Brainstormer and agree to the following conditions:
Brainstormer.com (Owner), owns the proprietary, service and trademark rights of the Brainstormer Pub Quiz® (the "Quiz") and has the sole power and authority to license the use of the Quiz.
Each customer is granted a limited license to present and perform the Quiz, subject to the terms and conditions of this Agreement. In connection with this license:
- Customer agrees to use and not to substitute or modify official Brainstormer Pub Quiz® materials, including but not limited to answer sheets, play cards or promotional materials without prior written approval from Owner.
- The fee to be paid for Quiz packages shall be the current market rate per package as listed at store.brainstormer.com. Customer agrees to remit payment of fees, any applicable sales tax, handling and shipping costs, in full, prior to delivery.
- Each Quiz package is available for a ONE-TIME, non-exclusive use at ONE trivia quiz event only, and only at the particular place of business to which the Quiz package shall be delivered as agreed herein. Any other or further use is unauthorized and shall constitute breach of this Agreement. After one use, each Quiz Package and its contents must be destroyed and cannot be archived in any form by Customer.
- Customer on its own behalf, and on behalf of its members, officers, employees, agents, and representatives, recognizes and agrees that the Quiz is proprietary information and shall not be reproduced, copied, sold, resold, stored in a retrieval system, or otherwise exploited for any commercial benefit without express written consent of Brainstormer. Customer shall not sublicense the rights granted it in this Agreement without the express written approval of Owner.
- Customer may refer to “Brainstormer Pub Quiz®” and/or “Brainstormer.com” in conjunction with Customer’s logo and marketing text in all media when advertising or promoting trivia quiz events or shows using Brainstormer packs. Customer may also insert a hyperlink to www.brainstormer.com at Customer’s Web site.
- Customer is permitted to use the term ‘Brainstormer’ and/or logos owned and copyrighted by owner only when using trivia materials that have been obtained from Owner.
- Customer agrees to hold harmless and indemnify the Owner against any loss, cost, damage or expense arising from or relating to any claim, action or proceeding that may arise from Customer’s use of Brainstormer Quiz Packs or materials.
- The terms of this agreement shall apply to any Brainstormer Quiz Packs or materials ordered by Customer in the future.
- Brainstormer Pub Quiz® offers an entertainment event that is not to be used in any illegal way. If your organization intends to use "cash" or charge an entry fee to play, or to award cash or alcohol as prizes, please check with your local municipality regarding their rules, regulations and/or permits that may be available and abide by their directives. Brainstormer accepts no responsibility for Customer’s failure to abide by such directives.
- Refunds - We do not offer refunds on our Quiz products. Please carefully read the item description prior to placing your order.
- This agreement shall be binding upon the parties and their successors and assigns. It shall be interpreted according to the law of the United States Government and the State of California.
- If action is brought to enforce the terms of this Agreement, Customer agrees that Owner is entitled to equitable relief, including appropriate injunctions and restraining orders, as well as general damages and is entitled to reasonable attorneys fees and court costs incident to the enforcement of this Agreement.