Terms Of Use Agreement Between User And SmartFolks, LLC

Privacy Policy

At SmartFolks, LLC ("SmartFolks" or "We"), user privacy is an important concern. We are committed to privacy and security, and to providing the best possible user experience for our users and online customers ("You"). We also strive to protect the personal and confidential information of those who use our on-line services. Visit www.smartfolks.net for our entire Privacy Policy. This policy may be updated by us from time to time, so please check here frequently.

Terms Of Use

Please read this agreement ("Agreement") carefully before accessing or using the SmartFolks Web site at www.smartfolks.net (the "Site"). By accessing or using the Site, You agree to be bound by this Agreement. SmartFolks provides sports information and Quizzes on this Site to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions and notices.

The sports information and Quizzes offered on the Site are provided with the understanding that neither SmartFolks nor its representatives are engaged in rendering legal services or other such advice. Your use of the Site is subject to the additional disclaimers and notices that may appear throughout the Site.

We are not providing investment advice through this Site, and the material on this Site should not be regarded as an offer to sell, or a solicitation of an offer to buy, any securities of SmartFolks or its affiliates.

SmartFolks and its representatives assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, Quizzes or other material on this Site. While SmartFolks strives to keep the information on this Site accurate, complete and up-to-date, SmartFolks and its representatives cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.

Personal And Noncommercial Use Limitation: Prohibited Uses

We provide sports-related trivia contests (the "Quizzes"). SmartFolks grants You access to the Site during the term of this agreement to solely participate in the Quizzes. You may access, download, and print materials as necessary to participate in the Quizzes. You may not license, copy, distribute, create derivative works from, frame in another Web page, use on any other Web site, or sell any information, databases or lists obtained from the Site. When requested, you agree to provide true, accurate and complete user information. You shall not access or attempt to access password protected, secure or non-public areas of the Web site without SmartFolks' prior written permission. You will comply with all privacy laws. You represent and warrant that you have the right to upload and display your user image and any information you include in your description and profile.

Proprietary Rights

All materials on this Site (as well as the organization and layout of the Site) are owned and copyrighted, licensed by, or used with permission that is granted to SmartFolks. No reproduction, distribution, or transmission of the copyrighted materials at this Site is permitted without the prior written permission of SmartFolks.

Your Account

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If your status as a user of the Site is terminated, you will (i) cease using the Site and any information obtained from the site, and (ii) destroy all copies of your account information, password and any information obtained from the Site.

Quiz Rules

Trivia Quizzes on this site are games of skill. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THE QUIZZES. Many will enter, few will win. The Quizzes are only open to legal residents of the fifty (50) United States and District of Columbia who are 14 years of age or older as of the date of entry. Employees, contractors and franchisees of SmartFolks, its parent companies, subsidiaries, affiliates, employees, contractors, and advertising/promotional agencies, and the immediate families and household members of each of the above, are not eligible to enter or win. Subject to all applicable Federal, state and local laws. Void where prohibited. Quizzes are conducted daily. Each Quiz begins at approximately 12:00 a.m. Eastern Time ("ET") and ends at approximately 11:59 p.m. (each the "Daily Quiz Period"). Entry is by website only. You may enter any daily Quiz once by clicking on the "Play Now" button on the home page after you have logged in as a user. The method of entry does not affect the opportunity to win. Limit one Quiz entry per person per day. You may not enter multiple times through multiple e-mail addresses or using other technological means.

By participating in a Quiz, you agree to follow these Quiz rules. By accepting a prize, you give us your permission (except where prohibited) to use your name, likeness and statements for publicity purposes without additional compensation. All entries must be received by the end of the Daily Quiz Period.

Winners are determined based on number of correct answers followed by shortest elapsed time. Prizes will be disclosed from time to time on the Site. Taxes will be the sole responsibility of the winner.

Except where prohibited, by accepting a prize, winners consent to the use by SmartFolks and its designees of their names and/or photographs for advertising and publicity purposes in any and all media now or hereafter known throughout the world in perpetuity without limitation and without additional compensation, notification or permission. By participating in this promotion, each entrant accepts and agrees (i) to be bound by these Official Rules and the decisions of the SmartFolks and judges, which shall be final and binding in all respects, and (ii) to release SmartFolks and its parents, subsidiaries, affiliates and advertising and promotion agencies, and the respective directors, officers, employees and agencies of the foregoing (collectively, the "Released Parties") from any and all liability of any injuries, losses or damages of any kind caused by participating in this promotion or resulting from acceptance, or use/misuse of the prize.

Entries generated by script, macro or other automated means will be void. SmartFolks reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the promotion or website, violates the Official Rules, or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE QUIZZES IS A VIOLATION THE QUIZ RULES AND OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

Released Parties are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or utilized in this promotion which may limit the ability to participate or by any human error which may occur in the processing of entries in the Quizzes. Sponsor reserves the right to modify, terminate, or suspend the online entry should virus, bugs, non-authorized human intervention or other causes corrupt the administration, security, fairness, or proper play of the promotion. These Quiz rules constitute the full agreement relating to the promotion. In the event of any conflict between these rules and any of the documents relating to the promotion, these rules shall prevail.

No Unlawful Or Prohibited Use

As a condition of your use of this Site, you warrant to SmartFolks that you will not use this Site for any purpose that is unlawful or prohibited by these terms. If you violate any of these terms, your permission to use the Site automatically terminates.

You may not without the prior written permission of SmartFolks use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site or accessed through this site or to participate in any Quiz.

If you are under the age of 14, you may not use this Site.

Disclaimer Of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES OFFERED AT THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE QUIZZES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SMARTFOLKS 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.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE 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.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SMARTFOLKS 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 ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR PARTICIPATE IN QUIZZES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON THE SITE OR 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 SITE OR THE SERVICES. IN NO EVENT WILL OUR MAXIMUM LIABILITY TO YOU EXCEED THE VALUE OF ANY PRIZE AWARDED TO YOU OR $100, WHICHEVER IS GREATER.

Links To Third Party Sites

This Site may contain hyperlinks to web sites operated by parties other than SmartFolks, or its affiliates. Such hyperlinks are provided for your reference only. SmartFolks does not control such web sites, and is not responsible for their content. Inclusion of hyperlinks by SmartFolks to such web sites does not imply any endorsement of the material on such web sites or any association with their operators, and your access to and use of such sites, including information, material, products and services therein, is solely at your own risk. Furthermore, because the SmartFolks privacy policy is applicable only when you are on our Site, once linked to another web site, you should read that site’s privacy policy before disclosing any personal information.

Links To Our Site

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of SmartFolks so long as (i) the link or your linking Web site does not portray SmartFolks, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter; (ii) your linking Web site complies with all applicable law and does not otherwise violate this Agreement or the rights of others; and (iii) your Web site has, maintains and follows a privacy policy no less protective of user data than the privacy policy of this Site. You may not use any SmartFolks logo or other proprietary graphic or trademark as part of the link without express written permission. SmartFolks may revoke this license at any time, with or without cause, in which case you agree to immediately remove such hyperlink. You may not link to any page other than the home page of this Site.

Use Of Submissions

You grant us the right to use, reproduce, modify, distribute, and display any material you supply or communicate to the Site for the stated purposes of this Agreement and to authorize others to do so.

User Content

The Site offers you the opportunity to establish a user profile that includes information such as a personal description, an image, city and state, website or facebook link, and your favorite teams. You shall not (nor cause any third party to) use the Site or the User Quiz to perform any illegal activities (including without limitation defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights - such as rights of privacy -of others) or immoral activities or any of the following types of activities, without limitation:

a. transmitting information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
b. transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
c. impersonating anyone or any entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity;
d. advertising or commercial content;
e. interfering with or disrupting the Site;
f. disrupting the activities or enjoyment of the Site for other users; or
g. collecting, or storing personal data about other users.

You agree to abide by all applicable local, state and federal laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including without limitation any of the User Content created by you.

You agree that SmartFolks, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove any User Content from the Site, at any time and for any or no reason. You agree that SmartFolks shall not be liable to you or any third party for any termination of your access to the Site or deletion of any User Content on the Site.

Subject to any applicable law and the requirements of the SmartFolks' privacy policy, any communications sent by you via this Site or otherwise to SmartFolks (including without limitation User Content) are on a non-confidential basis, and SmartFolks is under no obligation to refrain from reproducing, publishing or otherwise using them in any way or for any purpose.

Changes To Site

SmartFolks may make improvements or changes in the information, services, products, and other materials on this Site, or terminate this Site at any time. SmartFolks may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified Agreement.

Dispute Resolution

You agree that: (1) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the Site or the services provided on the Site or any Quiz will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association ("AAA") Procedures for Consumer-Related Disputes in conjunction with the AAA Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (2) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16; (3) The arbitration shall be held at the AAA regional office nearest you; (4) The arbitrator’s decision shall be controlled by the terms and conditions of this Agreement; (5) The arbitrator shall apply Georgia law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law; (6) There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) The arbitrator shall not have the power to award punitive damages against any party; (8) In the event that the administrative fees and deposits you are required to pay under the SmartFolks rules exceed $125, and you are unable to pay the additional fees and deposits, SmartFolks retains the right to forward them to the SmartFolks on the your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, SmartFolks retains the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in full force and effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph.

Miscellaneous

This site is intended to and directed to residents of the United States and all advertising claims contained in this site are valid only in the United States. This Agreement and the resolution of any dispute related to this Agreement or this Site shall be governed by and construed in accordance with the laws of Georgia, without giving effect to any principles of conflicts of law. Failure by SmartFolks to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. 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 this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term.

SmartFolks and other logos, product and service names are trademarks and service marks owned by or licensed to SmartFolks or its affiliates (the "Marks"). Without the prior written permission of SmartFolks, or its appropriate affiliates, you agree not to display or use in any manner, the Marks.

All other trademarks are the property of their respective owners.

© Copyright 2017 SmartFolks, LLC All rights reserved.

Infringement Claims/Copyright Agent

If you believe that any material contained on the Site infringes your copyright or other intellectual property rights, you should notify SmartFolks of your copyright infringement claim in accordance with the following procedure. SmartFolks will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site's Designated Agent who is:

Agent: DMCA Copyright Agent
By postal mail: 4798 Long Island Drive, Atlanta Georgia 30342
By fax: (866) 702-2503
By email:

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

  • Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • 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 at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has 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; and
  • A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

E-mails sent to for purposes other than communication about copyright claims may not be acknowledged or responded to.

SmartFolks will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact SmartFolks and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.