As a NoFrigginClue.com member, you acknowledge and agree to the following terms described in this document, as well as the associated Privacy Policy and you acknowledge that we, Braintrust Games, Inc., have the right to enforce them at our sole discretion. If you violate this Terms of Service Agreement or the Privacy Policy, we may take action against you, such action comprising the issuance of a warning, the suspension or termination of your membership, or legal action, depending on the circumstances and in our sole discetion. We are not required to provide notice prior to terminating your membership for violating these rules and standards. So, please, follow the rules, play fair, and, most importantly, have some Friggin fun!

The following is an agreement (“Agreement”) between you and Braintrust Games, Inc. ("BGI"), the operator of NoFrigginClue.com (the "Site"). This Agreement is a legal document that details your rights and obligations as a user of the Site and its related sites, software, and Services (as hereinafter defined). All users of the Site, whether a registered member (“Member”) or not, must accept the terms of this Agreement. Your use of the Site constitutes your acceptance of this Agreement.

BGI reserves the right to update the terms and conditions of the Agreement without direct notice to you. This Agreement can can always be found at http://www.nofrigginclue.com/WEB/policy/service.asp. You are responsible for regularly reviewing the Agreement for any updates. Your continued use of the Site after the effective date of such an update constitutes your acceptance of and agreement to any changes to the Agreement.

If you have any questions about this Agreement, or about your rights and responsibilities as a NoFrigginClue.com user or Member, please contact us by e-mailing customerservice@nofrigginclue.com.

BGI provides users with access to its proprietary online trivia game and related community through its network of properties (the “Service”). Unless explicitly stated otherwise, any new features that are added to the current Service, including the release of any new BGI properties, shall be subject to the Agreement. You also understand and agree that the Service may include advertisements and that these advertisements are necessary for BGI to provide the Service. You understand the Service is provided “AS-IS” and that BGI assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as to an Internet service provider ["ISP"]). You are responsible for paymdent of those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

You must be 18 years of age or older to register as a Member of NoFrigginClue.com or use the Site. Membership in the Service is void where prohibited. By using the Site, you represent and warrant that you have the right, authority, and capacity to enter into the Agreement and to abide by all of the terms and conditions of the Agreement.

This Agreement will remain in full force and effect while you use the Site and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Accounts page on the Site, or upon receipt by BGI of your written or e-mail notice of termination. BGI may terminate your membership for any reason, effective upon sending notice to you at the e-mail address you provide in your membership information. If BGI terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees. Even after membership is terminated, the Agreement will remain in effect. Even after the Agreement is terminated, certain provisions will remain in effect, including sections 4, 6, 9 and 11-16 of the Agreement.

The Site is exclusively for the personal use of individual Members only and may not be used in connection with any commercial endeavors. You agree to use NoFrigginClue.com solely for your own noncommercial use and benefit and not for resale or other transfer or disposition to any other person or entity. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your NoFrigginClue.com handle), use of the Service, or access to the Service.

Organizations, companies, and/or businesses may not become Members and should not use the Service or the Site for any purpose.

Illegal and/or unauthorized uses of the Site, including collecting usernames and/or e-mail addresses of members by electronic or other means for the purpose of sending unsolicited e-mail and unauthorized framing of or linking to the Site will be investigated, and will result in immediate termination of membership(s) and potential legal action.

When you accept the Agreement and complete the NoFrigginClue.com registration process, you become a registered member with a unique “handle” and BGI provides you with a limited, non-exclusive license to use the Site and Services. If you are not a registered member, then your usage of the Site indicates your acceptance of this and all other Agreements published on the Site.

Your No Friggin Clue “handle” is your identity on NoFrigginClue.com and any related sites. You may not employ a handle that is used by another Member, that is deemed vulgar, or in any way, violates the provisions of this Agreement or the Privacy Policy.

In consideration of your use of the Service, you agree to:
(a) provide accurate, current and complete information about yourself as requested by the Service’s registration form (such information being the “Membership Information”) and,
(b) maintain and promptly update the Membership Information to keep it accurate, current and complete. If you provide any Membership Information that is untrue, inaccurate or incomplete, or if BGI has reason to suspect that such information is untrue, inaccurate or incomplete, then BGI has the right to suspend or terminate your membership and refuse any and all current or future use of the Service (or any portion thereof).

When you register, you will choose a password to protect your membership (handle). As a Member, you are responsible for maintaining the confidentiality of your handle and password and are fully responsible for all activities that occur on your account. Any violations accrued by your membership may lead to the termination of your membership, and the revocation of your rights to use the Site and Services. You agree not to reveal your password to other users and you agree to indemnify and hold BGI harmless for any improper or illegal use of your membership. If your account is terminated for violating this Agreement, BGI’s express permission will be required for you to have access to the Site or Service again. You agree to (a) immediately notify BGI of any unauthorized use of your membership or any other breach of security, and (b) ensure that you log out of your membership at the end of each session. BGI cannot and will not be liable for any loss or damage arising from your failure to comply with Section 5.

Use of the Site and/or the Service is also governed by our Privacy Policy which can be viewed in full at http://www.nofrigginclue.com/WEB/policy/privacy.asp. All of the information collected through the Site and/or Service about you is subject to the Privacy Policy.

NoFrigginClue.com offers both a free and a paid membership option. Both membership groups are subject to the terms of this Agreement. With your purchase of a subscription to the Service, you warrant that all information that you submit is true and accurate (including, without limitation, your credit card number and expiration date), and as the membership owner you agree to pay all subscription fees you incur plus all applicable taxes. Unless your account or credit card information is obtained unlawfully or fraudulently by an unauthorized person, you will be responsible for all usage and purchases.

Your credit card information will be processed by a third party financial institution and will never be visible by any of the employees of BGI.

When your subscription is purchased, we will instruct the third party financial institution to charge the credit card that you have placed on file. If your credit card on file is rejected, then you will not be permitted to purchase a new subscription, or if you are already a Member and your credit card on file is rejected, your account will be temporarily suspended and you will be contacted immediately to provide updated credit card information. If you perceive any billing problems or discrepancies you agree to e-mail us at customerservice@nofrigginclue.com immediately. If you do not bring them to our attention within 90 days, you agree to waive your right to dispute such problems or discrepancies.

Your NoFrigginClue.com subscription is automatically renewed on a monthly basis. At any time, you may cancel your subscription by following the instructions found on the Accounts page on the Site or by e-mailing us at customerservice@nofrrigginclue.com. Processing the cancellation of your subscription will occur within 5 business days. As this is an automatically renewing subscription, you will not be charged the monthly subscription fee thereafter (there are no refunds of subscription fees previous paid). You understand that once a subscription is terminated, all information related to your Membership, including, but not limited to statistics, Friggin Points Rewards, and other accrued benefits, will be deleted and will not be recoverable upon a later renewal of the Service.

Your subscription is personal to you and you may not transfer or make available your handle and/or password to others, including, without limitation, your friends, family or co-workers. Any distribution by you of your handle and/or password may result in the cancellation of your subscription without refund, additional charges based on unauthorized use, and legal action.

You understand that all information, data, text, pictures, graphics, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the Member from which such Content originated. This means that you, not BGI, are solely responsible for the Content that you publish or display (hereinafter, "Post") on the Service, or transmit to other Members. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will BGI be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content (except as described in our Accuracy Policy), or for any loss or damage of any kind incurred as a result of the use of any Content Posted via the Service. You understand and agree that BGI may review and delete any Content that in the sole judgment of BGI violates the Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.

Some areas of NoFrigginClue.com are “public”, such as message boards, chats, etc. and other Members will have access to your Posted Content and may copy, modify, or distribute it. By Posting Public Content on the Site you represent that you are the owner of the Content or have authorization to distribute it. Once you post Public Content on the Site, you automatically grant, and you represent and warrant that you have the right to grant, to BGI an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing.

The following is a partial list of the kind of Content that is illegal or prohibited on the Site. BGI reserves the right to investigate and take appropriate legal action, in its sole discretion, against anyone who violates this provision, including without limitation, removing the offending Content from the Service and terminating the membership of such violators. It includes, without limitation, Content that:

• is patently offensive to the NoFrigginClue.com community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
• promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene,   defamatory or libelous;
• promotes or grants access to an illegal or unauthorized copy of another person’s copyrighted work;
• contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
• provides instructional information about illegal activities;
• violates any applicable laws and regulations of your region;
• solicits passwords or personal identifying information for commercial or unlawful purposes from other Members; and
• engages in commercial activities and/or sales without BGI’s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes.

You understand that the technical processing and transmission of the Service, including Public Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You acknowledge and agree that BGI may preserve or disclose any Public Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with the legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of BGI and its subsidiaries, affiliates, related companies, employees, officers, directors, agents, users and the public.

You may not harvest, collect or otherwise use any information on the Site, including handles, personal member information, public profiles, etc. All use of such information is prohibited and the use of such information for the purpose of sending unsolicited bulk e-mail is strictly prohibited. Any violation of these provisions will result in immediate termination of your Membership and further legal action. We reserve the right to take any and all legal and technical remedies to prevent unsolicited bulk e-mail from being sent to our members.

You understand and agree that BGI will be the sole judge of Member’s use of all aspects of the Service, including software, chats, discussion forums, public and private pages within the Site, etc. BGI reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, the termination of the membership of such violators. The following is a partial list of the kind of Conduct that is illegal or prohibited on the Site:

• impersonating any person or entity, including, but not limited to, a BGI employees and appointed administrators, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
• forging headers or otherwise manipulating identifiers in order to disguise the origin of any Content transmitted through the Service;
• uploading, posting, e-mailing, transmitting or otherwise making available any material that contains software viruses or any other computer code, files   or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications   equipment;
• disrupting the normal flow of chat dialogue, causing a screen to "scroll" faster than other users of the Service are able to type, or otherwise acting in a manner that negatively affects other users' ability to engage in real time exchanges;
• interfering with or disrupting the Service or servers or networks connected to the Service, or disobeying any requirements, procedures, policies   or regulations of networks connected to the Service;
• intentionally or unintentionally violating any applicable local, state, national or international law;
• "stalking" or otherwise harassing another Member; or
• engaging in any activities that may give you an unfair advantage, or any activities that may be construed as an attempt to create an unfair advantage over other Members competing in trivia competitions (hereinafter, “Cheating”).

You understand and agree that Members that are caught or suspected of any Cheating, including, but not limited to, obtaining questions or answers before other Members, manipulating game scoring, conspiring to manipulate the Friggin Points Reward system, attacking the systems of other Members, or any modification of the trivia gaming software (“Software”), will have their Membership immediately suspended. You understand and agree that BGI will be the sole judge of all suspensions and will be within its right to immediately terminate any Memberships found to be engaged in Cheating activities.

You understand that the Service and Software offered within the Service includes security components that permit digital materials and information to be protected (secure socket layer ["SSL"] encryption, etc.), and use of these materials is subject to usage rules set by BGI. You may not attempt to override or circumvent any of the security features embedded into the Service and the Software used within. Any attempts to do so will immediately be deemed Cheating.

BGI grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form or to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by BGI for use in accessing the Service. You may not modify our Site or Software or use it in any way not expressly authorized by this Agreement. You understand that our introduction of various features, functions and Services may not be consistent across all computer platforms or through different ISP’s and that the performance and some features may vary depending on your computer, other equipment, and your mechanism for accessing our Site and Services.

You acknowledge that BGI may establish general practices and limits concerning the use of the Site and Service, including without limitation the pruning of all stored gaming statistics or other Content, the maximum disk space that will be allotted on BGI’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that BGI has no responsibility or liability for the deletion or failure to store any gaming statistics or Content maintained or transmitted by the Service. You acknowledge that BGI reserves the right to log off Members that are inactive for a specified period of time. You further acknowledge that BGI reserves the right to change these general practices and limits at any time, at its sole discretion, with or without notice. BGI reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that BGI shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Your correspondence or business dealings with, or participation in promotions of, advertisers or sponsors found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such companies. You agree that BGI shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or sponsors on the Service.

You expressly agree that:

(a) Your use of the NoFrigginClue.com site and Services is at your sole risk. The Site and Service are provided "as is" and "as available" for your use, without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion. BGI expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
(b) BGI makes no warranty that (I) the Service will meet your requirements, (II) the Service will be uninterrupted, timely, secure, or error-free, (III) the results that may be obtained from the use of the Service will be accurate or reliable, (IV) the quality of any products, Services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (V) any errors in the software will be corrected.
(c) Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
(d) No advice or information obtained by you from BGI or through or from the Service shall create any warranty not expressly stated in this Agreement.

You expressly understand and agree that BGI shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if BGI has been advised of the possibility of such damages), resulting from: (I) the use or the inability to use the Service; (II) the cost of procurement of substitute goods and Services resulting from any goods, data, information or Services purchased or obtained or messages received or transactions entered into through or from the Service; (III) unauthorized access to or alteration of your transmissions or data; (IV) statements or conduct of any third party on the Service; or (V) any other matter relating to the Service. BGI does not endorse, warrant or guarantee any product or Service offered through the Site and will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of content, products or Services. We provide our Service on a commercially reasonable basis and do not guarantee that users will be able to access or use the Service at times or locations of their choosing, or that we will have adequate capacity for the Service as a whole or in any specific geographic area. BGI’s entire liability and your exclusive remedy with respect to the use of any software or Services provided or used by us shall be the replacement of any BGI software found to be defective. Your sole and exclusive remedy for any other dispute with BGI is the cancellation of your membership as detailed in the Agreement. In no case shall BGI, its subsidiaries, affiliates, related companies, employees, officers, directors or agents be liable for consequential damages arising from your use of the Site or Services or for any other claim related in any way to your membership with or use of Site and/or Services. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

You agree to indemnify and hold BGI, its subsidiaries, affiliates, officers, agents, co-branders and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service in violation of the Agreement and/or arising from a breach of the Agreement and/or any breach of your representations and warranties set forth above.

Either you or BGI may terminate or cancel your membership at any time. You understand and agree that the cancellation of your membership and discontinuation of use of the Site and Services is your sole right and remedy with respect to any dispute with BGI. This includes, but is not limited to, any dispute related to, or arising out of:
(I) any term of the Agreement or BGI’s enforcement or application of the Agreement;
(II) any policy or practice of BGI, including the provisions of the Agreement and the Privacy Policy, or our enforcement or application of these policies;
(III) the Content available through the Site and Services or any change or modification made to your or third-party content published on the Site and Services;
(IV) your ability to access and/or use the Site and Services; or
(V) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.

You can cancel your membership through the Accounts page on the Site, or by delivering notice to us at customerservice@nofrigginclue.com. Cancellation will take effect within 72 hours of receipt of your request, and we will send you written confirmation via e-mail. You understand that cancellation of your membership may not delete your information from our databases; however, cancellation will ban your member username from any activity on the site. We reserve the right to collect fees, surcharges or costs incurred before you cancel your membership, if any fees, etc. have been incurred. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation. You agree that BGI, in its sole discretion, may terminate your password, Membership (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if BGI believes that you have violated or acted inconsistently with the letter or spirit of the Agreement or the Privacy Policy. BGI may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that BGI may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that BGI shall not be liable to you or any third-party for any termination of your access to the Service.

In the event that your membership is terminated or canceled, you will be automatically removed from participation in any BGI promotions, contests, etc. BGI members may not allow former members or other agents whose memberships have been terminated to use their memberships.

You acknowledge and agree that the Service and Software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by BGI or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

BGI owns all of the various registrations and other rights throughout the world in the name, characters, symbols, designs, likenesses and visual representations comprising the trademarks No Friggin Clue, NoFrigginClue.com and “The Online Trivia Game”, and various other related intellectual property, including various copyrights and trademark registrations (collectively referred to as the "Marks").

The site and its Contents, including, without limitation, all site design, text, graphics, logos, buttons, images, audio and video clips, and the selection and arrangement of all of the foregoing, is the property of Braintrust Games, Inc. (© 2004, Braintrust Games, Inc. All rights reserved) or our licensors, and is protected by U.S. and international copyright and trademark laws. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way without our prior written permission. Use of the Marks in any way without the prior written consent of BGI is strictly prohibited. The Content may be used solely as described in this Agreement. Any other use of the Content, including, without limitation, the reproduction, modification, distribution or transmission of the Content or Marks is prohibited.

BGI asks our users to respect the intellectual property rights of others. If you believe that your work has been unlawfully uploaded to our Site, please contact us with a detailed explanation of the material and your ownership of the material.

This Terms of Service Agreement and the associated Privacy Policy constitute the entire agreements between you and BGI and governs your use of the Service, superseding any prior agreements between you and BGI. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other BGI services, affiliate services, third-party content or third-party software.

The failure of BGI to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

The Agreement and the relationship between you and BGI shall be governed by the laws of Ontario, Canada without regard to any conflict of law provisions. You and BGI agree to submit to the personal and exclusive jurisdiction of the courts located within Ontario, Canada.

You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Agreement are for convenience only and have no legal or contractual effect.

Please direct all questions regarding this Agreement, and report any violations of this Agreement by Members to customerservice@nofrigginclue.com.