Visitors to this website who purchase trivia materials or download trivia Quizzes become Customers of Brainstormer and agree to the following conditions:
Brainstormer.com and Brainstormer Events LLC (Owner) owns the proprietary, service and trademark rights of Brainstormer Trivia®, 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:
1. 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.
2. 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.
3. 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 shall be delivered as agreed herein. For Download Quizzes, place of business means the physical location of the person who downloaded, and paid for, the Quiz. 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, the files that contain the trivia questions must be destroyed, and cannot be archived in any form by Customer. Selling, sharing or distributing Quizzes is prohibited.
4. 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.
5. Customer may refer to "Brainstormer Trivia®," “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.
6. 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.
7. 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.
8. Refunds - Under no circumstances do we offer refunds on our Quiz products. Please carefully read the item description prior to placing your order.
9. Indemnity: Customer shall defend, indemnify and hold the Owner/Owner’s representatives, its members, managers, employees, independent contractors and volunteers harmless from any and all claims, injuries, damages, losses or suits including reasonable attorneys’ fees, expenses, fines and penalties, arising out of or resulting from (1) the acts, errors or omissions of the Customer/Customer's agents and representatives in performance of this Agreement, (2) any breach of Customer’s representations or warranties expressly made herein, (3) any personal injury or death of any person caused by or sustained by the Customer’s employees, invitees, or vendors, (4) any liens, fees, commissions or other compensation claimed by any third party employed or hired by Customer, and (5) any negligence, gross negligence or willful misconduct on the part of the Customer, except for injuries and damages caused by the gross negligence of Owner/Owner’s representative. This indemnification shall survive termination or expiration of this Agreement.
10. NEITHER PARTY WILL BE LIABLE FOR LOST PROFITS NOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, HOWSOEVER CAUSED; PROVIDED THAT THE FOREGOING LIMITATION ON LIABILITY WILL NOT APPLY TO: (A) EITHER PARTY’S INDEMNIFICATION OBLIGATIONS; (B) OWNER’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS; OR (C) OWNER’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
11. Property of all Brainstormer materials and content used during the Quiz remain the ownership of Brainstormer. At no time before, during, or after the Event does possession of any Brainstormer content transfer to Customer.
12. Limitation of Liability: Notwithstanding anything to the contrary contained in this Agreement, Owner’s maximum aggregate liability under or related to this Agreement is limited to the amount actually paid by Customer to Owner for the Quiz at issue.
13. This agreement shall be binding upon the parties and their successors. It shall be interpreted according to the law of the State of California.
14. If action is brought to enforce the terms of this Agreement, both parties are responsible for its own legal fees, except when Customer is responsible for paying all legal fees under the indemnity above.
15. This agreement is the entire agreement between the parties. Any amendment, modification or termination of this agreement shall be in writing signed by both parties to be valid.