NO PURCHASE NECESSARY TO PLAY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
Welcome to BetBomb.com (the 'Website'), a Website that offers users the ability to compete for prizes in tournaments based on picking the outcomes of events in a non-gambling format where no purchase is necessary (the 'Services'). This is a legal agreement ('Agreement') between you and Five1Eight Internet Media, LLC (the 'Company'), the owner and operator of the Website. By accessing the Website you agree to be bound by the terms of this Agreement, whether or not you register as a user of the website. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT OR IF YOU OBJECT TO ANYTHING IN THIS AGREEMENT, DO NOT USE THE WEBSITE OR THE SERVICES. Your continued use of the Website constitutes your acceptance of this Agreement and your agreement to abide by all of the terms, rules and policies contained herein. This Agreement is subject to change by the Company in its sole discretion at any time, with or without notice, effective upon posting on the Website. Your continued use of this Website after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when this Agreement was last revised.
This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and the Services. By accessing the Website you consent to have this Agreement provided to you in electronic form. You have the right to receive this Agreement in non-electronic form. To receive a hard copy of this Agreement send a request via email to email@example.com and include your mailing address.
You must be at least eighteen (18) years of age to access the Website or use the Services. By using the Website, you represent and warrant that: (i) you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement and (ii) you are at least 18 years old. We reserve the right to determine eligibility.
You are subject to the laws of the country, state, city or other legal entity, as applicable, in which you access the Website (your 'Location'). Access to the Website may or may not be legal in your Location. The Company and the Website do not make any representation or warranty whatsoever as to whether the Website and/or the Services can be legally accessed in your Location. Rather, each Website user must determine the legality in any Location. The Company and the Website do not intend that the Website or the Services be accessed in any Location where prohibited. The Company reserves the right to require proof of eligibility to use the Website and the Services and win prizes, such proof being in whatever form that the Company chooses in its sole and absolute discretion, including, but not limited to, government issued identification and proof of residence. The Company also reserves the right in its sole and absolute discretion to refuse access to the Website and the Services to any potential participant.
Employees, owners and paid contractors of the Company, or any of its subsidiaries or affiliates, are prohibited from winning any prizes on the Website. Any person violating this prohibition shall not be entitled to collect any prizes.
SERVICES AND INFORMATION ON THE WEBSITE
The Services and the Website are offered for entertainment purposes only. The activities on the Website do not constitute gambling. Guessing the outcomes of events ('Picks') and entry into the Tournaments (as defined below) are free of charge to you and no purchase is necessary either to enter Tournaments, obtain Bomb-Bucks (as further described below), or win prizes. Thus, Website users are not permitted to risk their own money or property on the outcome of the games on the Website.
The Services may include both free and fee-based services, although no purchase is ever necessary to enter Tournaments, obtain Bomb Bucks, or win prizes. Whether a service is free or fee-based is determined at the sole discretion of the Company. The Company reserves the right to add, discontinue, modify or change in any way, in its sole discretion, any free or fee-based Service, including reclassifying a free Service as a fee-based Service or vice versa. The Company reserves the right to cancel or discontinue any Tournament at any time in its sole discretion and without liability of any kind whatsoever. If you purchase a fee-based Service you agree to adhere to the provisions contained in the 'Charges to Your Billing Account' section of this Agreement. All Services are subject to the terms of this Agreement and your compliance with such terms. Everything contained on the Website is subject to change at any time without notice. The Company, in its sole and absolute discretion, reserves the right at any time without notice or liability to: discontinue any Service, refuse Service to any Website user, prevent access to the Website and the Services, alter Website content and cancel any Website account. Your use of the Website means you agree to any such changes to the Website and the Services offered.
The Website may contain additional rules and policies regarding use of the Website and the Services. All such rules and policies are hereby incorporated by reference into this Agreement. By using the Website you agree that you are subject to the rules and policies posted from time to time on the Website and that you will abide by such rules and policies.
GAME DESCRIPTION AND RULES OF PLAY
There is no fee or purchase necessary to place Picks, enter Tournaments to win prizes, or use the basic Services of the Website. All Services, Picks, Tournament offerings, and rules described herein are subject to change at anytime in the sole and absolute discretion of the Company.
Points and Event Picks
The Website allows users to guess the outcome of events by using points ('Points'). Website users obtain Points in the following manner:
Initial Website registration: 1000 Points
Each subsequent Website login per 24 hour period: 100 Points
Referral of additional Website user: 500 Points
In addition to the acquisition of Points as described above, users can compile additional Points by making correct Picks. There is no cost associated with the accumulation of Points; Points cannot be purchased, and additional points are not provided for making a purchase. The Website Services will allow users to track all Picks they place and all Tournament leaders. Points have no cash value whatsoever and can only be used for the purpose on the Website described herein. Other than as expressly permitted on the Website and detailed herein, you agree not to: (i) use Points for payment of any kind, (ii) sell Points to any person or entity in any fashion whatsoever or (iii) exchange Points for anything other than Chips (as described below).
Website users have the option to use accumulated Points to enter into tournaments ('Tournaments') in which the user has the opportunity to compete against other Website users to win prizes. Points can be used to obtain Tournament chips ('Chips') for participation in the Tournaments. Tournaments are scheduled at such times as determined by the Company but typically occur in weekly, monthly, yearly and seasonal formats. The winner of a Tournament is the participant that accumulated the most Chips during the course of the Tournament. The winner of some Tournaments will receive Bomb-Bucks (further described below). Winners of weekly, monthly, yearly and seasonal Tournaments will win prizes that may include, but not be limited to, merchandise. All Tournament prizes are pre-determined in the sole and absolute discretion of the Company at the beginning of the Tournament and do not vary based on the number of participants. Owners, employees, independent contractors or anyone affiliated with the Company or the Website are prohibited from participating in the Tournaments and/or winning prizes. The odds of winning a particular Tournament will depend on a number of factors, including but not limited to the number of entrants or participants in the Tournament and the skill of the respective participants in predicting outcomes of various events. Bomb-Bucks are for entertainment purposes only. Bomb-Bucks do not enhance your opportunity to win the games on Betbomb.com.
You acknowledge and agree that Tournaments are contests determined primarily by skill based on the ability to predict the outcome of certain events and manage such predictions against the predictions of other Tournament participants. You further acknowledge that no consideration or purchase of any kind is required in order to participate in the Tournaments.
Should you win a prize based upon your participation in a Tournament, the Company reserves the right to verify your identification and eligibility in whatever manner it deems appropriate, in its sole and absolute discretion, including, but not limited to, verification of your identity and shipping address.
'Bomb-Bucks' are used for certain upgraded functionality. Website users can obtain Bomb-Bucks either: (i) via a credit card transaction on the Website; (ii) by winning a Tournament or (iii) by mailing to the Company a promotional code. NO PURCHASE IS NECESSARY TO OBTAIN BOMB-BUCKS.
Purchase of Bomb-Bucks via Credit Card
Bomb-Bucks will be immediately available to Website users by credit card on the Website. The Company, in its sole and absolute discretion, shall determine the dollar cost of Bomb-Bucks purchased via credit card. The Company reserves the right to change the cost of Bomb-Bucks at any time without notice. For more information regarding the processing of credit card transactions please see the section entitled 'Charges to Your Billing Account.'
Mail-in Bomb-Bucks Requests
Mail-in Bomb-Bucks requests do not require the payment of any fee or the purchase of any product. Mail-in requests can be made at any time and are not limited as to amount. Each mail-in request will receive one Bomb-Buck. To make a request, send a 3 inch x 5 inch card on which you have handwritten 'BetBomb.com Bomb-Buck', your BetBomb.com display name, first and last name, complete mailing address (e.g. street, city, state, zip code) and email address. The card must be mailed to Five1Eight Internet Media LLC, 151 Cherry Ave, Delmar, NY 12054. No photocopies, reproductions or facsimiles of the 3 inch x 5 inch card are allowed. Limit: 1 card per envelope. After the Company receives the request, the Website account of the requesting party will be credited with the free Bomb-Buck within a reasonable time frame (which may take up to two weeks). The Company is not responsible for any request that is not received by the Company or for any request that is lost, incomplete, stolen or illegible for any reason.
After acquiring Bomb-Bucks, Website users can use Bomb-Bucks on various additional Website functions, including (subject to change in the sole and absolute discretion of the Company):
- Acquiring Pick related trends on games, including the percentage of Website users’ Picks on particular outcomes of particular events.
- Acquiring BetBomb.com merchandise such as t-shirts, key chains, wrist bands, etc.
- Access to detailed weather conditions in the area of particular events.
- The opportunity to move the already predicted scores on events that are included in Tournaments.
- The ability to opt out of Website advertising.
- Customization of the Website user’s profile.
The Company reserves the right to refuse, limit or discontinue Tournaments or Picks at any time in its sole and absolute discretion and without notice or liability. In the event that such Services are discontinued for any reason, whether such reason is in or out of the control of the Company, you shall not be entitled to any compensation. Once a Pick has been made as a part of a Tournament (collectively, a 'Game Entry'), and such Game Entry has been placed on the Website, then Website users cannot change, modify or cancel the Game Entry. Game Entries will be accepted until such time as determined by the Company (the 'Game Entry Cut-off'). After the Game Entry Cut-off, Website users will be prohibited from submitting Game Entries for the applicable event. A Game Entry will be deemed invalid if it is submitted after the Game Entry Cut-off or if it is incorrectly or erroneously submitted. Any Game Entry submitted based on an obvious error or incorrect set of rules will be deemed invalid. The Company reserves the right to limit the maximum number of Chips that can be risked on any event.
Specific game rules, including odds are for entertainment purposes only, and they are not intended to be relied on for gambling or any other unlawful purpose. The rules quoted at the time a Game Entry is made shall be used to determine whether a Game Entry is a winner or loser, provided, however, that in the case of an obvious error, the Company reserves the right to remedy the error in whatever manner it deems appropriate, in its sole and absolute discretion, including, but not limited to, undoing Game Entries so that they have no effect on Tournaments or Chips risked. The Company reserves the right to disclose to all Website users any errors with the Website or information posted on the Website and to remedy such errors in whatever manner it deems appropriate in its sole and absolute discretion. The Company and the Website shall not be liable for any such errors whatsoever. You agree that any Prize to which you become entitled, whether Bomb-Bucks or other valuable prizes, based upon obvious errors are subject to invalidation. You further agree to report to the Company, any Website errors of which you become aware.
Website users accept all responsibility for Game Entries submitted through their Website accounts, whether placed by the authorized Website user or by an unauthorized third party. Any Game Entries that are fraudulently submitted or submitted in circumvention of any applicable rules, including but not limited to, Game Entries submitted in conjunction with other parties in an attempt to defraud the Website and/or the Company shall be void. The determination of whether a game Entry is void shall be made by the Company in its sole and absolute discretion. The Company reserves the right to void any Game Entries and discontinue any user accounts that it believes have been used, or attempted to have been used, in a manner that defrauds the Website or the Company or for any illegal or illicit purpose. The Company further reserves the right to pursue any and all available remedies at law and equity for such activities.
The Company monitors all game and Tournament play and logs all transactions on the Website. In the event of a dispute involving Game Entries, Tournament results or any other game play related to the Services, the Company’s log of transactions shall be the final authority in settling the dispute.
The Company intends to provide Website users with Points for valid referrals of additional users to the Website (the 'Referral Program'). The rules of the Referral Program are subject to change at any time in the sole and absolute discretion of the Company, including, but not limited to, the number of Points, if any, provided for each referral pursuant to the terms of the Referral Program. Additionally, the Company may discontinue the Referral Program at any time without notice in its sole and absolute discretion.
ACCESS TO THE WEBSITE AND THE SERVICES
While this is not a gambling website, if you live in the following states you are not eligible to use BetBomb.com's sports wagering section of the site:
Alaska, Delaware, Iowa, Kansas, Maine, Michigan, North Dakota, Oklahoma, Utah, Washington, Tennessee, Indiana, Georgia, Ohio and Wisconsin (the 'Prohibited States').
If you live in the following states you are not eligible to us BetBomb.com's Daily Fantasy section of the site:
Arizona, Louisiana, Montana, Iowa and Washington.
The Company reserves the right, in its sole and absolute discretion, to modify or change the list of the Prohibited States at any time. In the event a state is added to the list of Prohibited States, any users from that state will be immediately disqualified from any Tournaments and prohibited from participating in future Tournaments. Such disqualified users shall have no recourse to the Company and the Company shall incur no liability from such disqualification.
BETBOMB.COM DAILY FANTASY ARE CONTEST OF SKILL
Contests offered on the Website are contests of skill. Winners are determined by the objective criteria described in the Contest deadline, roster, Rules, scoring, and any other applicable documentation associated with the Contest. From all entries received for each Contest, winners are determined by the individuals who use their skill and knowledge of relevant sports information and fantasy sports rules to accumulate the most points according to the corresponding scoring rules. The Website and Contests may not be used for any form of illicit gambling.
RIGHTS TO POINTS
You acknowledge and agree that you have no rights or entitlements to the Points or Bomb-Bucks provided to you on the Website and you waive all rights to such Points or Bomb-Bucks under any applicable statute, regulation or common law. The Company reserves the right to eliminate the Points or Bomb-Bucks in your account at any time, in its sole discretion, without notice or compensation to you. Points or Bomb-Bucks do not constitute legal tender in any way and the Company and the Website have no obligation to make any payment or award any prize to you in exchange for Points or Bomb-Bucks. All prizes awarded to you are in the nature of a gift and not compensation for your efforts.
REGISTRATION; USER ID AND PASSWORD; ACCOUNT SECURITY
In order to access certain areas of the Website and the Services you must register an account on the Website with a username and password. You agree that all information you provide when you register, and at all other times, is accurate, current and complete. You are solely responsible for maintaining the confidentiality of the password that you designate during the registration process. We may refuse to accept any username for any reason as we determine in our sole discretion. You may have only one username and you agree not to transfer or resell your use of or access to the Website or the Services to any third party. You are fully responsible for all activities that occur under your username and password. You agree to notify the Company of any unauthorized use of your username and password or any other breach of security. The Company will not be liable for any loss or damage arising from the unauthorized use of your username and password. You acknowledge and agree that you shall not register more than one account. You further acknowledge that if you have registered more than one account, then you will not be eligible to win any prizes and the Company, in its sole and absolute discretion, may discontinue your access to the Website and the Services.
Every time you access the Website and/or the Services you are affirming the terms of this Agreement and all of your representations and warranties included herein, all of which are relied upon by the Company. You are further affirming that all information you have provided to the Company through the Website is accurate, current and complete. You authorize the Company to take whatever actions it deems necessary, in its sole and absolute discretion, to verify the information you provide, including, but not limited to, your age, identity, and location. The Company reserves the right to suspend and/or terminate your access to the Website and the Services if it suspects that any of the information you provided is inaccurate, not current or incomplete.
TERM AND TERMINATION
This Agreement will remain in effect while you use the Website and the Services. You may deactivate your account at any time, for any reason, by sending the Website written notice to firstname.lastname@example.org. The Company may immediately deactivate, terminate or suspend your account and/or your access to the Website or Services for any reason or no reason effective at the sole and absolute discretion of the Company. The Company also reserves the right to remove your account information or any other information from the Website and any other records at any time at our sole discretion. If the Company deactivates, terminates or suspends your account or access to the Website or Services because you have breached this Agreement, you agree that all fees then paid to the Website by you will be nonrefundable, all outstanding or pending payments will be immediately due and the Company may declare as void any transactions placed by you. All decisions regarding the termination, deactivation or suspension of accounts shall be made in the sole discretion of the Company. The Company is not required to provide you notice prior to terminating your account and/or access to the Website or Services. The Company is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your registration or access is terminated, deactivated or suspended, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
USE OF WEBSITE AND CONTENT POSTED BY YOU
You are solely responsible for, and assume all liability regarding: i) all interactions you have with other users of the Website and the Services and ii) the information and content that you transmit, post, publish or otherwise make available through the Website and the Services.
You agree to promptly report to the Company any violation of this Agreement by any other user of the Website or the Services. You acknowledge that the Company: (i) reserves the right, but has no obligation, to monitor the information or material that you or any other user posts or transmits pursuant to the use of the Website and the Services, (ii) has the right, but not the obligation, in its sole discretion to pre-screen, monitor or remove any information or material posted on the Website, (iii) may, but is not obligated to, investigate any reported violation of this Agreement or other Company policies and (iv) may, but is not necessarily obligated to, report to regulators or law enforcement officials any activity that the Company believes or suspects may violate any law or regulation.
The information below is a partial list of the kind of content that is illegal or prohibited on the Website. The Company reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this Agreement, including without limitation, removing the offending communication from the Website and terminating the access of such violators to the Website and the Services. You agree that you will not post on the Website, upload, transmit to other users, communicate any content or engage in any activity on the Website or related to the Services that:
- is offensive to the online community such as: (i) content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or (ii) content that is unlawful, defamatory, inaccurate, misleading, harmful, abusive, obscene, or otherwise objectionable;
- is intended to harass, threaten, or intimidate any other user of the Website or the Services;
- contains the copyrighted or proprietary work of another person without first obtaining permission from such person or promotes or enables the infringement of any trademark, patent or copyrighted or proprietary work;
- violates, either intentionally or unintentionally, any applicable federal, state, local or international law or regulation;
- promotes or enables illegal or unlawful activities, including but not limited to, providing instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy or providing, or creating computer viruses;
- you do not have the right to lawfully use or make available, including any information that would violate any confidentiality or fiduciary obligations;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission;
- engages in commercial activities and/or sales or solicitation of any kind without our prior written consent;
- is intended to defraud or deceive other users of the Website and/or the Services;
- involves the transmission of 'junk mail,' 'chain letters,' or unsolicited mass mailing or 'spamming';
- circumvents or interferes with security-related features of the Website;
- contains video, photographs or images of another person without his or her permission;
- contains viruses, time bombs, trojan horses, worms, or other harmful or disruptive codes, components or devices;
- uses scripts, bots, or other automated technology to access the Website or the Services;
- impersonates, or otherwise misrepresents affiliation or association with any person or entity or disguises the origin of any information;
- is intended to interfere with other users’ enjoyment or use of the Website or the Services;
- is intended to modify, adapt, sublicense, sell, reverse engineer, decipher, or otherwise disassemble any portion of the Website or the Services or any software used on or for the Website or the Services;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); or
- otherwise is inappropriate for the Website, in the sole judgment of the Company.
By posting information or content on the Website you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, fully-paid, royalty-free, worldwide license and right to use, reproduce, store, modify, publicly display, distribute, prepare derivative works of, and otherwise exploit such information and content in any form or technology whatsoever, either now known or later developed and to grant and authorize sub-licenses of the foregoing.
You will not provide inaccurate, misleading or false information to the Company or to any other user of the Website or the Services. If information provided to the Company or another user subsequently becomes inaccurate, misleading or false, you will promptly notify the Company or such user, as applicable, of such change. Your use of the Website and the Services, including but not limited to the content you post or transmit, must be in accordance with any and all applicable laws and regulations.
You will not harass, annoy, intimidate, or threaten any Company owner, officer, employee, agent, or representative engaged in providing any portion of the Services to you. If we feel that your behavior towards any owner, officer, employee, agent, or representative of the Company is at any time threatening or offensive, we reserve the right to immediately terminate your access to the Website and the Services and you will not be entitled to any refund of unused fees.
It is possible that other users of the Website and/or the Services (including unauthorized users) may post or transmit inaccurate, deceptive, offensive, or obscene materials on the Website and that you may be involuntarily exposed to such materials. It also is possible for others to obtain personal information about you due to your use of the Website and the Services, and that the recipient may use such information to harass or injure you. The Company is not responsible for the use of any personal information that you may choose to disclose on the Website or in the course of using the Services. Please carefully select the type of information that you disclose on the Website or to other users. If you believe that any user of this Website is harassing you or is otherwise using personal information about you for unlawful purposes, we encourage you to first inform local law enforcement authorities and then to contact us at email@example.com so that we may take appropriate action to block further use of the Website by any user who is using this Website and information obtained from it for improper purposes.
You agree that you will not: (i) interrupt or attempt to interrupt the operations of the Website, (ii) circumvent any rules or policies governing use of the Services, including rules for picking the outcome of events and participating in the Tournaments, (iii) unfairly alter the likelihood of winning any Tournament, Pick or contest on the Website, (iv) use automated technology of any kind, (v) open more than one Website account or coordinate your participation in the Tournaments with other Website accounts or users, or (vi) commit any kind of fraud in relation to the Website or the Services, including, but not limited to, using fraudulent payment sources. If the Company believes, in its sole and absolute discretion, that you have engaged or attempted to engage in any of the foregoing then you will forfeit any prizes that you are or may be entitled to receive and the Company reserves the right to report to the regulatory authorities and/or pursue legal proceedings against you.
INTERACTIONS WITH OTHER WEBSITE USERS
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF THE WEBSITE AND THE SERVICE. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF, OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE AND/OR THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE WEBSITE AND THE SERVICES OR PERSONS YOU MEET THROUGH THE WEBSITE OR THE SERVICES.
Collecting usernames or email addresses of users, or other information on the Website, by electronic or other means by anyone other than the Company is prohibited. Framing of the Website without our written permission is prohibited. You will not advertise or solicit any user to buy or sell any products or services through the Website or the Services and you will not use any information collected from the Website or the Services to advertise, solicit or sell to any user without their prior consent. Suspected violation of these prohibitions may be investigated and appropriate legal action will be taken. Use of the Website and the Services is with the permission of the Company and may be revoked at any time, for any reason, at the sole discretion of the Company.
The Company owns and retains all right, title and interest, including all worldwide intellectual property rights in the Website, Website content and the Services. The Website contains the copyrighted material, trademarks and other proprietary information of the Company and its licensors. Except for that information which is in the public domain or for which you have received written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information of the Company, or any other third party, that is accessible via the Services and the Website.
Any and all information or content made available through the Services, but not directly by the Company, are the views or opinions of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Website or transmitted to or by any users of the Website or Service, or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website or is transmitted to or by any users of the Website or Services. Under no circumstances will the Company be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any users, and you hereby waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto.
By posting, publishing, emailing, uploading, submitting, or otherwise making available information or content on the Website or to the Company (the 'Information') you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, fully-paid, royalty-free, worldwide license and right to use, reproduce, store, modify, publicly display, distribute, prepare derivative works of, and otherwise exploit such information and content in any form or technology whatsoever, either now known or later developed and to grant and authorize sub-licenses of the foregoing. You further represent and warrant that all moral rights in the Information have been waived and you do hereby waive any such moral rights. The Company shall own all right, title and interest in and to any and all derivative works of the Information that are created by the Company. You agree to provide all assistance requested by the Company, including the execution of any documents, to give the Company the full benefit of the rights granted by you to the Company.
We welcome your comments regarding the Services and the Website. If you submit to us creative ideas, suggestions, inventions or other information, such submission shall be the property of the Company. Such submissions shall not be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of the submission. The Company shall be entitled to unrestricted use of the submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
CHARGES TO YOUR BILLING ACCOUNT
For any fee-based transactions that you initiate through the Website, you agree to pay all charges at the prices then in effect for such transactions. All payments will be processed by our third-party payment processing agent (the 'Processing Agent'). You authorize the Company and the Processing Agent to charge your chosen payment provider. You agree to make payment using that selected payment method. The Company and the Processing Agent reserve the right to correct any errors or mistakes that either has made even if payment has already been requested or received. You agree to provide current and complete information when paying for a fee-based transaction. If we do not receive payment from your chosen payment provider, then you agree to pay upon demand all amounts due from your use of the Website and the Services. If we are unable to complete a transaction because of incorrect or incomplete information it will be considered a breach of this Agreement and your account will be subject to termination. You agree that the Company and the Website are not liable for the unauthorized use of your credit card by a third party in relation to charges incurred for use of the Website and the Services.
You are solely responsible for any and all interactions with other users of the Website and the Services. The Company reserves the right, but is not obligated, to monitor disputes between you and other users of the Website and the Services.
LIMITATION OF LIABILITY
IN NO EVENT WILL THE WEBSITE OR THE COMPANY BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DAMAGES WHATSOEVER WHETHER INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE WEBSITE AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE WEBSITE OR THE COMPANY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTAINDING ANYTHING TO THE CONRARY CONTAINED HEREIN, UNDER NO CIRCUMSTANCES WILL THE WEBSITE’S AND/OR THE COMPANY’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE WEBSITE, EXCEED THE AMOUNT PAID BY YOU TO THE WEBSITE, OR, IF YOU HAVE NOT PAID ANY MONEY TO THE WEBSITE, THE AMOUNT OF US$20.00.
TO THE MAXIMUM EXENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE WEBSITE OR THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE WEBSITE OR THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU. THE WEBSITE AND THE COMPANY MAY, BUT ARE NOT REQUIRED TO, VERIFY INFORMATION PROVIDED BY USERS OF THE WEBSITE. YOU AGREE THAT THE WEBSITE AND THE COMPANY WILL HAVE NO LIABILITY TO YOU ARISING FROM ANY INCORRECTLY VERIFIED INFORMATION. THE INFORMATION AVAILABLE OR OBTAINED THROUGH THE WEBSITE AND THE SERVICES MAY BE SUBJECT TO ADDITIONAL DISCLAIMERS AND LIMITATIONS CONTAINED THEREIN.
You agree to indemnify and hold the Website and the Company, and, as applicable, their respective members, officers, subsidiaries, affiliates, agents, 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 (i) use of the Website or the Services, (ii) violation or breach of this Agreement, (iii) violation of any gaming laws or regulations or (iv) violation of any rights of a third party.
If legal action of any kind by the Company is required to enforce its rights under this Agreement against you, then the Company shall be entitled to recover from you, in addition to any other recovery, reasonable legal fees and other costs associated with such legal action.
THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS AND THE COMPANY GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE WEBSITE OR THE SERVICES (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE AND THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE WEBSITE OR THE SERVICES WILL BE CORRECTED. THE COMPANY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE WEBSITE AND THE SERVICES. THE COMPANY MAKES NO WARRANTIES REGARDING THE ACCURACY, TIMELINESS, COMPLETENESS, SUITABILITY OR ADEQUACY OF THE CONTENT CONTAINED ON THE WEBSITE. YOU ASSUME ALL RISKS ASSOCIATED WITH USING THE WEBSITE AND THE SERVICES. NOTHING IN THIS AGREEMENT IMPOSES UPON THE COMPANY ANY OBLIGATION TO UPDATE AND/OR FIX THE WEBSITE, INVESTIGATE ERRORS ON THE WEBSITE AND/OR THE SERVICES OR PROVIDE ANY SUPPORT TO WEBSITE USERS.
The Website and the Company are not responsible for (i) any incorrect or inaccurate content posted on the Website or in connection with the Services or (ii) the unavailability of content on the Website, whether caused by users of the Website, a third party or by any of the equipment or programming associated with or utilized on the Website or in the Services. Certain information on the Website is sourced from third party providers. The Company does not represent or warrant that such information provided by third parties will be available and the Company disclaims all liability for any unavailability of information whether caused by the Company or a third party. The Website and the Company are not responsible for the online or offline conduct of any user of the Website or the Services.
The Website and the Company assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, user communications. The Website and the Company are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Website or the Services. Under no circumstances will the Website or the Company be responsible for any loss or damage resulting from anyone's use of the Website or the Services, any content posted on the Website, or any interactions between users of the Website, whether online or offline.
The Website and the Company cannot guarantee and do not promise any specific results from use of the Website and/or the Services. You understand and acknowledge that it is possible for third parties, acting illegally, to access your account and that the Website and the Company cannot be responsible for this risk or other third party activity.
If you become aware that any portion of the Website or the Services is not functioning properly you shall immediately notify the Company at firstname.lastname@example.org. You agree that you will not take advantage of any malfunction or error occurring with the Website or the Services. The Company reserves the right to recover for any such advantage that you do gain from malfunction or error, including costs and expenses in making such recovery. The Company and the website will not be liable for any winnings that result from a system malfunction or error, with such determination of a malfunction or error to be made in the sole and absolute discretion of the Company.
MODIFICATION TO SERVICE
The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Website and/or the Services (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website and/or Services.
You may not post, distribute, or reproduce any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide the Company with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. The email address for notice of claims of copyright infringement can be reached at email@example.com.
The Website may contain, or third parties may provide on or through the Website, links to websites of third-parties or other resources, which are not under the control of the Company. You acknowledge and agree that the Company: 1) provides these links only as a convenience to you, 2) is not responsible or liable for any content, products or other materials on or available from such websites, 3) does not endorse such websites or the content on such websites and 4) will not be responsible or liable, directly or indirectly, for any loss or damage of any sort caused, or alleged to be caused, by or in connection with your dealings with such websites. You assume all risk arising from your use of such third-party websites and resources. The Company reserves the right to terminate any link to another website at any time.
BLOCKING OF IP ADDRESSES
In order to protect the integrity of the Website and the Services, the Company reserves the right at any time, in its sole discretion, to block users from certain IP addresses from accessing the Website.
If you access the Website from a jurisdiction outside of the United States you do so at your own risk and are responsible for complying with all applicable laws and regulations, including all applicable laws and regulations regarding the transmission of data exported from the United States.
JURISDICTION/GOVERNING LAW/JURY TRIAL
If there is any dispute between us about or involving the Website or the Services, you expressly agree that any such dispute shall be governed by the laws of the State of New York, without regard to its conflict of law provisions, and you agree and consent to personal jurisdiction and venue in the state and federal courts located in New York, New York for the resolution of any such dispute.
EACH PARTY HEREBY WAIVES THE RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE WEBSITE OR THE SERVICES.
NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
Prize winners will be responsible for any federal and state withholdings and/or applicable federal, state, and local taxes and any customs charges or tariffs and for any other fees or costs associated with the prize they may receive. All prize winners may be required to furnish their social security number/tax identification number for federal and state tax reporting and withholding.
According to the Internal Revenue Service, a winner is required to pay taxes on the fair market value of the prize won. The fair market value is the price the prize item would sell for on the open market. For example, an individual wins a vacation with a fair market value of $5,000. This amount should be reported as income for the year on his/her federal income tax forms. The addition of the $5,000 to a person's yearly income may move the winner into a higher tax bracket subsequently causing an individual to owe more in taxes. In some promotions, taxes may be withheld by the promoter. However, it is ultimately the winner's responsibility to ensure that the taxes are paid. Any persons interested in participating in the games offered on Betbomb.com should consider their ability to pay the taxes if they do indeed win.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.
This Agreement was last revised on 04/01/2012.