These license terms are an agreement between KCGT Entertainment, LLC, a Montana corporation (“KCGT”), and You. Please read them. They apply to KCGT Entertainment’s website, Services, and Materials.
By using KCGT Entertainment’s website, Services, and Materials, you accept these terms. If you do not accept them, do not use KCGT Entertainment’s website, Services, and Materials.
1.1. “Account Information” means the information you provide to KCGT when you register on the website, including your KCGT ID and log-in information.
1.2. “Game” means a single Trivial BeersuitSM trivia game designed to be used in a pub or bar on one occasion on or near the date for which it was created, typically consisting of one file containing trivia questions to be read aloud and displayed on television monitors and one file containing answers to be read aloud and used for scoring.
1.3. “Intellectual Property Rights” means copyright, trademark, trade dress, trade secret, unfair competition, and any other intellectual and proprietary rights.
1.5. “Marks” means the trademarks, logos, and service marks displayed on KCGT Materials.
1.6. “Monthly Download” means a downloadable .zip file of Materials consisting of four or five Games, depending on the number of weeks in the month.
1.8. “Share” means to email, post, transmit, upload, or otherwise make available.
1.9. “Your Representative” means your employee, agent, or contractor who is responsible for marketing and/or using the Services and Materials in your place of business.
2. Acceptance of Terms. You may not use KCGT Materials or Services if you do not agree to the Terms. You may accept the Terms (a) by selecting “I agree” to these Terms or (b) by using KCGT Materials or Services in any way.
3. Limited License to Use Services and Materials. If you comply with these Terms, KCGT grants You or Your Representative a non-exclusive, non-transferable, revocable license to access and use the Materials in connection with the Services, subject to the following restrictions.
3.1. You agree to:
3.1.1. Use the Services and Materials only as permitted by these Terms and to be responsible for ensuring that Your Representative also abides by these Terms;
3.1.2. Use each Game a maximum of one time, in your place of business, within one month of the date for which it was designed;
3.1.3. Delete each Game from your computer, hard drive, USB drive, or other storage system within one month following the week for which the Game was designed;
3.1.4. Use and advertise the Services and Materials in connection with your business in a professional manner; and
3.1.5. Use KCGT’s Trivial BeersuitSM mark in your marketing and advertising of Games.
3.2. You may NOT:
3.2.1. Share the Materials with anyone other than Your Representative;
3.2.2. Lease, license, rent, or sell the Materials or the right to use and access the Services;
3.2.3. Remove KCGT’s Marks from the Materials;
3.2.4. Materially change the Materials, or add defamatory, salacious, or other offensive material to the Materials;
3.2.5. Edit or alter the trivia questions, the graphics accompanying the questions, or the trivia answers;
3.2.6. Use the Materials in more than one establishment or location; or
3.2.7. Include KCGT’s Marks on any slides or advertisements you might add to a Game except for the purpose of advertising KCGT Materials and Services in conjunction with your business.
4. Payment terms.
4.1. For use of the Services and Materials covered by these Terms, you shall pay an agreed monthly fee. Payment may be made by credit card on KCGT’s website or by check mailed the CONTACT US address.
4.2. Payments are made in arrears, and new Materials will only be made available if you have paid for your last month of Services and Materials.
4.3. You are required to pay for the full month’s Services and Materials even if you are late downloading the Monthly Download or you do not use all of the Games in a Monthly Download.
5. KCGT’s obligations. If you are current on your payments and have otherwise complied with these Terms, KCGT agrees to:
5.1. Produce a Trivial BeersuitSM Game for non-exclusive use in your establishment (one establishment) for each week of the year;
5.2. Post a Monthly Download in your user account’s Trivia Library by the 1st day of each month; and
5.3. Design each Game in a professional manner, featuring general interest, local, and timely trivia.
6. Disclaimer of liability/warranty. Due to the nature of the material, which is based on current information available at the time each Game is produced, some information may no longer be accurate by the time you use a Game. KCGT endeavors to base trivia answers on accurate and reliable sources but does not warranty that the information is correct or that it will remain correct by the time a Game is used.
7.1. KCGT Services and Materials are protected by Intellectual Property Rights. Except as expressly provided in these Terms, KCGT retains all other rights in and to the Services and Materials.
7.2. The Marks are the property of KCGT and include Trivial BeersuitSM, KCGT Entertainment, LLC, and the KCGT logo. You are not permitted to use the marks except to advertise and market Trivial BeersuitSM games hosted by You or Your Representative at your place of business.
8. Warranty Against Infringement and Infringement Indemnity.
8.1. KCGT represents and warrants that it is the owner or licensee of the Intellectual Property Rights granted under this agreement, and that KCGT has the full authority to enter into this agreement. KCGT further represents and warrants that the Intellectual Property Rights granted in this agreement do not constitute an infringement of any valid and subsisting copyright or other intellectual property rights, and that your use will not infringe upon or violate the rights of any third party.
8.2. KCGT agrees to defend, indemnify, and hold you harmless for all claims concerning Intellectual Property Rights in the Services and Materials provided that you have not altered the Materials in any way.
9. Limited Liability and Limitation of Damages.
9.1. Trivial BeersuitSM is meant for entertainment, not for gambling, betting, drinking games, or other purposes. You agree to defend, indemnify, and hold KCGT harmless from all claims related to such unauthorized uses of the Services and Materials.
9.2. Trivial BeersuitSM is designed for entertainment purposes and it is hoped that the Games will attract customers to your place of business. However, KCGT is not responsible for any special, incidental or consequential damages, including lost profits, arising out of any breach of KCGT’s duties under this license and terms.
10.1. When you register to use the KCGT website, other Materials, or Services or you contact KCGT for support, KCGT collects information that identifies you. This may include your name, company name, email address, physical address, or information showing that you have made a payment. Via its website, KCGT may also collect information about how you use the website and other Materials.
10.2. KCGT uses this information to: (1) provide you with Materials, support, or other information you request, (2) better understand how KCGT Materials are being used so that they can be improved, and (3) evaluate ways to maintain and increase its customer base.
10.3. KCGT works with a credit card processing company to process your payments but does not and will not share your personal information for any other purpose. The credit card processing company is contractually obligated not to share your personal information with others.
11. Termination of Agreement; No Refunds. Either party may terminate this agreement at any time, without advance notice to the other party. Regardless of when payment was made to KCGT, KCGT is not obligated to refund You any payments or pre-payments You have made to KCGT for Games or Materials.
12. General Provisions.
12.1. Successors and Assigns: Neither you nor Your Representative may subcontract or otherwise delegate your obligations under this Agreement without KCGT’s prior written consent. Subject to the foregoing, this Agreement will be for the benefit of KCGT’s successors and assigns, and will be binding on your assignees.
12.2. Notices: Any notice required under this Agreement shall be in writing and shall be delivered by certified or registered mail, return receipt requested. Notices shall be sent to the addresses set forth above or to such other address as either party may specify in writing.
12.3. Governing Law: This Agreement shall be governed in all respects by the laws of the United States of America and by the laws of the State of Montana. Each of the parties irrevocably consents to the exclusive personal jurisdiction of the federal and state courts located in Missoula County, Montana, as applicable, for any matter arising out of or relating to this Agreement.
12.4. Severability: If any provision of this Agreement is held by a court of law to be illegal, invalid or unenforceable, (i) that provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and (ii) the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.
12.5. Injunctive Relief for Breach: Your obligations under this Agreement are of a unique character that gives them particular value; your breach of any of such obligations will result in irreparable and continuing damage to KCGT for which there will be no adequate remedy at law; and, in the event of such breach, KCGT will be entitled to injunctive relief and/or a decree for specific performance, and such other and further relief as may be proper (including monetary damages if appropriate).
12.6. Attorney Fees & Costs: In any suit or action to enforce compliance with the terms of this Agreement, the prevailing party shall be awarded his or her costs and reasonable attorney fees.
12.7. Entire Agreement: This Agreement constitutes the entire agreement between the parties relating to this subject matter and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter. This Agreement may only be modified by written instrument signed by both parties.