Bingo Terms & Conditions
The following words and terms, when used with this agreement, shall have the following meanings, unless the context clearly indicates otherwise.
Online Bingo Halls
Totesport bingo’s internet gaming system on the Website and related services and gaming activities as offered and listed at www.totesportbingo.com including but not limited to, Online Bingo Halls and/or any other games, where applicable;
a personal account opened by an individual and maintained with us to enable that person to play games on our Online Bingo Halls;
the software licensed to us including any program or data file or any other content derived therefrom, that required to be downloaded, accessed or otherwise utilized by you from the Website enabling you to participate in the Online Bingo;
Username and Password
the username and password which you choose on registration with the Online Bingo Halls;
the user of the Online Bingo Halls Software downloaded from the Website.
Totesport Alderney Limited (trading as www.totesportbingo.com);
http://www.totesportbingo.com and any related sites accessible via links or any other access way; and any related sites accessible via links or any other access way;
This agreement covers the arrangements between you and us in relation to your use of the Online Bingo Halls either for playing play-for-real or play-for-fun games.
You can only use the Online Bingo Halls and/or the Website if you are the legal age as determined by the law of the country where you live.
You cannot use the Online Bingo Halls and/or the Website if you are under 18 years of age in any circumstances.
Some legal jurisdictions have not addressed the legality of online gambling and others have specifically made online gambling illegal. We do not intend that anyone should use the Online Bingo Halls and/or the Website where such use is illegal. The availability of the Online Bingo Halls and/or the Website does not construe an offer or invitation by us to use the Online Bingo Halls in any country in which such use is illegal. Use of the Online Bingo Halls is void wherever prohibited by any applicable law. You accept sole responsibility for determining whether your use of the Online Bingo Halls is legal in the country where you live.
We hereby grant to you a personal non-exclusive, non-transferable right to use the Software, for playing in the Online Bingo Halls, in accordance with the following provisions.
You are not permitted to:
install or load the Software onto a server of other networked device or take other steps to make the Software available via any form of “bulletin board”, online service or remote dial-in, or network to any other person;
sub-license, assign, rent, lease, loan, transfer or copy (except as expressly provided elsewhere in this agreement), your license to use the Software or make or distribute copies of the Software;
translate, reverse engineer, decompile, disassemble, modify, create derivative works based on, or otherwise modify the Software;
copy or translate any user documentation provided 'online' or in electronic format;
reverse engineer, decompile, disassemble, modify, adapt, translate, make any attempt to discover the source code of the Software or to create derivative works based on the whole or on any part of the Software; or
enter, access or attempt to enter or access or otherwise bypass the Our security system or interfere in any way (including but not limited to, robots and similar devices) with the Online Bingo Halls or the Website or attempt to make any changes to the Software and/or any features or components thereof.
You do not own the Software. The Software is owned and is the exclusive property of the licensor, a third party software provider company, (the "Software Provider"). The Software and accompanying documentation which have been licensed to us are proprietary products of the Software Provider and protected throughout the world by copyright law. Your use of the Software does not give you ownership of any intellectual property rights in the Software. This agreement applies only to the grant of the license to use the Software.
THE SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES, CONDITIONS, UNDERTAKINGS OR REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. WE HEREBY EXCLUDES ALL IMPLIED TERMS, CONDITIONS AND WARRANTIES (INCLUDING ANY OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE). WE DO NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS.
WE DO NOT WARRANT THAT THE SOFTWARE WILL BE NON-INFRINGING OR THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR FREE OR UNINTERRUPTED OR THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE OR THE SERVERS ARE VIRUS-FREE. IN THE EVENT OF COMMUNICATIONS OR SYSTEM ERRORS OCCURING IN CONNECTION WITH THE SETTELMENT OF ACCOUNTS OR OTHER FEATURES OR COMPONENTS OF THE SOFTWARE NIETHER US NOR OUR SOFTWARE PROVIDER WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY COSTS, EXPENSES, LOSSES OR CLAIMS ARISING RESULTING FROM SUCH ERRORS. WE FURTHER RESERVE THE RIGHT IN THE EVENT OF SUCH ERRORS TO REMOVE ALL RELEVANT GAMES FROM THE SOFTWARE AND THE WEBSITE AND TAKE ANY OTHER ACTION TO CORRECT SUCH ERRORS.
You hereby acknowledge that it is not in our control how the Software is used by you. You load and use the Software at your own risk and in no event shall we be liable to you for any direct, consequential, incidental or special damage or loss of any kind (except personal injury or death resulting from our negligence).
The Software may include confidential information which is secret and valuable to the Software Provider and/or us. You are not entitled to use or disclose that confidential information other than strictly in accordance with the terms of this agreement.
We are a corporation incorporated under the laws of Alderney in the Channel Islands and are fully licensed and regulated by the laws of that country for the purpose of operating a virtual bingo game on the internet, under the name www.totesportbingo.com
We only allow access to playing games on the Online Bingo Halls through secured networks using encryption of the user name and password. You cannot play games on the Online Bingo Halls without passing our customer security login.
You may not use the Online Bingo Halls for any commercial use or on behalf of another person. Any use of the Online Bingo Halls by you is for own private purposes only.
You must keep your Username and Password confidential and should not disclose them to anybody. You may not use anyone else's password. You shall be responsible for all transactions conducted in relation to your Player Account using your Password. Every person who identifies him/herself by entering your correct Username and Password is assumed by us to be you and all transactions where the Username and Password have been entered correctly will be regarded as valid.
You will not allow any third party to use your Player Account to use the Online Bingo Halls and you will not use any other person's Player Account or means of payment to access the Online Bingo Halls or the Website or the Software.
It is your responsibility to ensure that you understand the rules and procedures of the games in the Online Bingo Halls and your use of online gaming in general before you play any such games.
We are using the best methods available today for the encryption of the Username and Password information, and any other sensitive information transferred to and from the client application and our servers, thus securing the Player and us against manipulation attempts by a third party. You will not break in, access or attempt to break in or access or otherwise by-pass our security. If we have a suspicion that you have attempted to or may be attempting to break in, access or otherwise by-pass our security or the Software, we will be entitled to terminate with immediate effect your access to the Online Bingo Halls and/or have your account blocked, and we reserve the right to inform the applicable authorities.
We make no representation or warranty with respect to the legality or otherwise of the accessing and use of the Online Bingo Halls in your country of residence and it is solely your responsibility to determine whether such accessing and use of the Online Bingo Halls by you is legal. We further warrant in that respect that it does not intend to enable you to contravene any applicable law.
You shall not transfer in any way whatsoever your rights under this agreement without our prior written consent.
You are fully responsible for all taxes, fees and other costs incidental to and arising from winnings resulting from use of the Online Bingo Halls.
It is your responsibility to inform us of any changes to your registration details.
Accounts may be opened in Pounds Sterling (GBP) or Euros (EUR). You can't change the chosen currency once the account is opened. For transactions involving currency exchange, the exchange rate will be the 'Closing mid-point for Pound Spot Forward against the Pound' as published by the Financial Times from time to time. Bingo betting is always in GBP. To see the particular exchange rate at any time go to My Account. Although we'll try, we can't guarantee your request regarding the payment method.
You agree that we or a payment processing company on our behalf will handle all financial account transactions ("Payment Processor"). You hereby agree that the Payment Processor reserves the right to withhold any payments should the Payment Processor have reason to believe or any suspicion that you may be engaging in or have engaged in fraudulent, collusion, unlawful, or improper activity.
You agree to fully pay any and all payments due to us or any third party in connection with your use of the Online Bingo Halls. You further agree not to make any charge-backs and/or renounce or cancel or otherwise reverse any of your due payments and in any such event you will refund and compensate us for such unpaid payments including any expenses incurred by us in the process of collecting your payment.
You are aware of and agree that the maximum payment to any one Player, in respect of any one day's play is £100,000. This provision will not apply on the progressive Jackpot winnings.
For Bingo transactions involving an exchange in currency, the applicable rate of exchange will be the "Closing mid-point for Pound Spot Forward against the Pound" as published by the Financial Times from time to time. Deposits/Transfers/Withdrawals to and from Bingo wallets, in Euro accounts, will be processed using the exchange rate applicable at the time the transaction is made.
You agree that any funds that remain stranded in your account (i.e. unused) for any reason for more than two years will be transferred to your sportsbook account.
Monies deposited with us are not subject to special arrangements (eg held in separate bank accounts) or subject to particular protection in the event of our insolvency.
You accept that you are solely responsible for the supply and maintenance of all of the computer equipment and telecommunications networks and internet access services that you need to use in order to access the Online Bingo Halls. We will not be liable in any way whatsoever for any loss caused to you by the internet or any telecommunication service provider which you have engaged in order to access to the Online Bingo Halls or to the Website.
You acknowledge that our random number generator will determine the outcome of the games played on the Online Bingo Halls and you accept the outcomes of all such games. You further agree that in the unlikely event of a disagreement between the result that appears on the Software and the game server, the result that appears on the game server will prevail and you acknowledge and agree that our records will be the final authority in determining the terms and circumstances of your participation in the Online Bingo Halls gaming activity.
You will not commit any acts or display any conduct that damages our reputation or our software provider or any other related service providers.
You acknowledge that if your Player Account is opened you will fully indemnify us and hold us harmless from and against all and any losses, costs, expenses, claims, demands, liabilities and damages however caused that may arise as a result of your (a) entry, use, or reuse of the Website or the Online Bingo Halls; (b) breach of any of the terms and provisions of this agreement. You further agree to fully indemnify, defend and hold us and our officers, directors, employees, agents, contractors and suppliers harmless, from and against all claims, liabilities, damages, losses, costs and expenses, including legal fees, arising out of any breach of this Agreement by you, and any other liabilities arising out of your use of the Online Bingo Halls or the Software.
We reserve the right to change this agreement from time to time as set out in clause 9 below. It is your responsibility to check from time to time and see whether there is a notification of change in accordance with clause 9 below.
You may set deposit limits on your account or self exclude using the ‘player protection’ tab in ’My Account’.
If you are disconnected from any game whilst playing for any reason, please reconnect and you will automatically be reconnected at the state of play such that you can continue playing. It may be that progressive jackpots are won during such interruptions and you hereby agree that we shall have no liability to you for any loss of opportunity to win any progressive jackpots as a result of such interruption.
If you have any difficulty reconnecting or feel that you are not returned at the same state of play, then you should contact customer services who will assist you.
You warrant and represent that:
you are not a resident of the USA or its dependant territories, the Netherlands Antilles, Israel, Cyprus, Estonia or any other jurisdiction where online gambling is prohibited;
you are acting on your own behalf;
you are not restricted by limited legal capacity;
you are not classified as a compulsive gambler;
all details which you give or have given in the process of registering with the Online Bingo Halls are accurate and that you will continue to update such details should there be any changes.
you are fully aware of the fact that there is a risk of losing money through the use of the Software to play games on the Online Bingo Halls;
you are not depositing funds originating from criminal and/or un-authorised activities;
you are not otherwise conducting criminal activities and/or intending to utilise the Player Account in connection with such activities. You are not using or intending to use or intending to allow any other person to use the Online Bingo Halls and the Player Account for any prohibited or unlawful activity, including but not limited to, fraud or money laundering, under any applicable law in particular your jurisdiction and the laws that apply to us;
you are not colluding or attempting to collude or intending to participate, directly or indirectly, in any collusion scheme with any other player in the course of any game you play or will play on the Online Bingo Halls.
you are not under the age of either (i) 18; or (ii) the age at which gambling activities are legal under the law of the jurisdiction that applies to you, whichever is greater;
the debit/credit card details supplied by you in the registration process are those of the registered account holder and the card has not been reported as lost or stolen;
you are not one of our officer, director, employee, consultant or agent or of one of our affiliated or subsidiary companies, or suppliers or vendors, and you are not any of their relatives as well (for the purpose of this clause, the term “relative” means spouse, partner, parent, child or sibling). In any event that you have breached this prohibition, among others actions that will be taken against you, you will not be entitled to any of your winnings.
you have not previously held a Player Account which was suspended or terminated either by us or by any other online gaming operator, charged back any monies via a Player Account or maintains a current Player Account; and
in opening the Player Account you will not provide any information or make any statement to us which is untrue, false, incorrect or misleading.
The changes will take effect from the date specified when they occur. It is important, therefore, that you log in to the Website from time to time and check to see whether there is a notification of change. You are solely responsible for reading the changes.
If you continue to use the Website or the Online Bingo Halls after we have updated the changes (regardless to the way we have notified of such changes), you agree to be bound by those changes whether or not you have had actual notice of, or have read, the relevant changes. If you do not agree to be bound by relevant changes, you should not continue to use the Website or the Online Bingo Halls any further.
We reserve, at our sole discretion, the right to:
refuse to register any applicant for registration on the Website or the Online Bingo Halls;
refuse to accept any wager on the Online Bingo Halls;
change, suspend, remove, modify or add any game or tournament on the Online Bingo Halls.
We reserve the right to make inquires on you, including credit checks, with third party credit and financial institutions, in accordance with the information you have provided us with.
In the event of any dispute regarding a wager or winnings, our decision will be final and binding. We reserve the right to reasonably withhold any pay out or winning amount until the identity of the winning person is verified to our satisfaction in order to ensure that payment of the winning amount is being made to the correct person.
In the event that we will suspect fraud or fraudulent activity on your part or any of your payments are charged back, we will have the right to withhold any pay-out or winning amounts due to you and if necessary, to lawfully collect any payments owed by you.
We may at any time without prior notice to you terminate your use of the Online Bingo Halls and block your Player Account if it is considered that you are in breach of any of the terms and provisions of this Agreement or that you are otherwise acting illegally. We will not be under any obligation in such circumstances to refund or otherwise reimburse you for any of the funds in your Player Account.
We reserve the right, at our sole discretion, to offer and advertise from time to time promotions, bonuses or other special offers and each such offer will be subject to specific terms and conditions which will be valid for a limited period of time. In connection with the specific terms of the above promotions, bonus and special offers, we further reserve the right to withhold any withdrawal amount from your account which will be in excess of your original deposit. In addition, we reserve the right to withhold or otherwise decline or reverse any pay-out or winning amount or amend any policy in the event that we suspect that you are abusing or attempting to abuse any of the following: (i) bonuses; (ii) other promotions; or (iii) specific policy or rules determined in respect of an existing game or a new game.
We reserve the right to transfer, assign, sublicense or pledge this Agreement, in whole or in part, to any person without notice and you will be deemed to consent to such assignment.
This agreement is effective from the moment of acceptance by clicking on the “I agree” button, and shall remain in force indefinitely unless terminated in accordance with clause 9.6. For the avoidance of doubt it is agreed that you are bound by this Agreement if you use the Online Bingo Halls or the Website or the Software in any way, including, but not limited to, initiating or making a deposit through your Account or submitting your deposit details to us.
The construction, validity and performance of this agreement will be governed by the laws of Alderney. However, this shall not prevent us from bringing any action in the court of any other jurisdiction for injunctive or similar relief. The English language version of this Agreement will prevail over any other language version issued by us.
The illegality, invalidity or enforceability of any part of this agreement will not affect the legality, validity or enforceability of the remainder.
You agree to receive communications from us in an electronic form. Electronic communications may be posted on the pages within the Website and/or the messages/help files of your client application, and/or delivered to your e-mail address. All communications in either electronic or paper format will be considered to be in "writing" and to have been received no later than five business days after posting or dissemination, whether or not you have received or retrieved the Communication. We reserve the right, but assume no obligation, to provide communications in paper format.
Enquiries relating to any aspect of the Online Bingo or the Website should be directed to email@example.com. Any wager query received after 14 days from wager placement will be disregarded and correspondence will not be entered into.
Disputes should be resolved using the escalation process set out in under 'Complaints Procedure' link at the bottom of the homepage.
You have the right to make a complaint at any time to the authority that regulates us - the Alderney Gambling Control Commission. You will also find a link to their website on the bingo browser.
www.totesportbingo.com is licensed by the Alderney Gambling Control Commission and operates from Alderney. Please be advised that Bingoland Network operated by Game Park Limited is licensed in Curacao.
Any notices required to be given in writing to us or any questions concerning this Agreement should be addressed to firstname.lastname@example.org
Employees of Totesport Alderney Limited (and its related companies) and their relatives and third party agencies, their employees and relatives, are not allowed to enter competitions on the Website. Prizes are as stated and cannot be altered. There is no cash alternative for any prize. Entries must be received on or before the closing date stated on the competition. Only one entry per account unless stated otherwise. The totesport Managing Director's decision on all matters affecting any competition is final.
IMPORTANT THIS WEBSITE IS OPERATING THE GAMING SOFTWARE PLATFORM (THE "SOFTWARE") OF PLAYTECH SOFTWARE LIMITED (THE "VENDOR") UNDER A LICENSE FROM VENDOR. A CONDITION TO YOUR DOWNLOADING OR OTHREWISE USING THIS SOFTWARE IS THAT YOU ENTER INTO THE FOLLOWING LEGALLY BINDING SUB-LICENSE AGREEMENT WITH US, WHICH GOVERNS YOUR USE OF THE SFOTWRAE. PLEASE READ THIS AGREEMENT CAREFULLY, TO MAKE SURE YOU FULLY UNDERSTAND ITS CONTENT. IF YOU HAVE ANY DOUBTS ABOUT YOUR RIGHTS AND OBLIGATIONS RESULTING FROM THE ACCEPTANCE OF THIS AGREEMENT, PLEASE CONSULT AN ATTORNEY OR OTHER LEGAL ADVISOR IN YOUR JURISDICTION. BY CLICKING THE "I AGREE" BUTTON BELOW YOU AGREE TO THE USE OF ELECTRONIC COMMUNICATIONS IN ORDER TO ENTER INTO CONTRACTS, AND YOU WAIVE ANY RIGHTS OR REQUIREMENTS UNDER APPLICABLE LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE, TO THE EXTENT PERMITTED UNDER APPLICABLE MANDATORY LAW; YOU ALSO CONFIRM THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT CLICK THE "I AGREE" BUTTON AND DO NOT CONTINUE TO DOWNLOAD, INSTALL OR OTHERWISE USE THE SOFTWARE.
"Online Bingo Halls" means Our internet gaming system on the Website, and related services and gaming activities (including, but not limited to, online Bingo Halls, online bingo, online poker and any other games) offered on the Website.
"Software" means the software required to be downloaded, accessed or otherwise utilized by You from the Website for the purpose of participating in the Online Bingo Halls, including the related documentation and including any enhancements, modifications, additions, translations or updates to such software.
"You", "Your" and similar terms mean the user of the Software downloaded from the Website.
"Us", "We", "Our" and similar terms mean Totesport Bingo Halls.
"Website" means http://www.totesport.com/, and any related sites on which the Online Bingo Halls is operated and are accessible via links or any other access way.
"IP Rights" means any and all intellectual property rights, of all types or nature whatsoever, including, without limitation, patent, copyright, design rights, trade marks, data base rights, applications for any of the above, moral rights, know-how, trade secrets, domain names, URL, trade names or any other intellectual or industrial property rights (and any licenses in connection with any of the same), whether or not registered or capable of registration, and whether subsisting in any specific country or countries or any other part of the world.
We hereby grant to you a limited, personal, non-transferable, non-exclusive, worldwide (except as noted below) license to download, access and otherwise utilize the Software on Your computer, for the sole purpose of participating in the Online Bingo Halls.
This license applies only to the Object Code of the Software (i.e., the compiled, assembled, or machine executable version of the Software) and does not grant you any rights whatsoever with respect to the source code of the Software.
In addition, this license does not apply to certain territories, identified by us from time to time; currently, this license does not apply to the United States, Israel, Antigua and Barbuda, Netherlands Antilles, Estonia and Cyprus, and IT IS YOUR DUTY TO CONSULT AND CHECK REGULARLY OUR WEBSITE REGARDING THE LIST OF THE EXCLUDED TERRITORIES.
We reserve any and all rights not expressly granted in Section 2.1 above. In addition, You are not permitted to, and You agree not to permit or assist others to:
use, copy, modify, create derivative works from or distribute the Software, any part of it, or any copy, adaptation, transcription, or merged portion of it;
decode, reverse engineer, disassemble, decompile or otherwise translate or convert the Software or any part of it;
transfer, loan, lease, assign, rent, or otherwise sublicense the Software;
remove any copyright, proprietary or similar notices from the Software (or any copies of it);
operate the Software or any part of it for the benefit of or on behalf of any third party, including by way of "bulletin board", online service or remote dial-in, application service provider services, internet service provider services, timesharing arrangements, outsourcing services or bureau services; or
copy or translate any user documentation provided online or in electronic format.
You acknowledge and agree that the all IP Rights, title and interest in and to the Software, including in and to any modification, enhancement, adaptation, translation or other change of or addition to the Software, belong exclusively to the Vendor, even if developed based on ideas, suggestions or proposals by You or any other third party. You irrevocably assign to the Vendor all right, title, and interest You may have or may acquire in and to all such rights, including, without limitation, patent, copyright, trademark, trade secret or know how, and You agree to sign and deliver to the Vendor such documents as Vendor considers desirable to evidence or effect the assignment of all of the aforesaid rights to the Vendor. You agree not to, directly or indirectly, attempt to invalidate for any reason whatsoever, or assert, or assist the assertion by others, that the rights, title or interest in the Software belong to any third party other than the Vendor, or that they infringe the IP Rights of others.
You confirm that you are older than 18 years, and in any event of legal age as determined by the laws of the country where you live. You also confirm that You are aware of the legal issues relating to the operation of online gambling sites, and that You understand that We and the Vendor are not warranting in any way or manner that the use of the Software for the purposes of gambling, as such term is commonly understood in the industry, is legal in any jurisdiction.
Given the changes in the legal requirements in the various jurisdictions, you undertake to examine the legality of Your participation on the Online Bingo Halls and use of the Software in each jurisdiction that is applicable to You and to do the same only in compliance with all applicable laws and orders of any competent authority.
THE SOFTWARE IS MADE AVAILABLE TO YOU HEREUNDER ON AN "AS IS" BASIS, WITHOUT ANY UNDERTAKINGS, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE.
WE AND THE VENDOR, AND ALL OF THEIR AFFILIATES AND RELATED PARTIES, HEREBY EXCLUDE AND DISCLAIM ANY AND ALL IMPLIED TERMS, CONDITIONS AND WARRANTIES (INCLUDING ANY WARRNATY OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE), AND, WITHOUT LIMITING THE GENERALITY OF THE AFORESAID, WE DO NOT WARRANT, AMONG OTHER THINGS, THAT (A) THE SOFTWARE WILL BE NON-INFRINGING, OR THAT (B) THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS VIRUS-FREE; OR THAT (C) THE SOFTWARE IS OF SATISFACTORY QUALITY OR FIT FOR ANY PARTICULAR PURPOSE; OR THAT (D) USE BY YOU OF THE SOFTWARE WITH ANY OTHER SOFTWARE, or with inappropriate hardware, WILL NOT CAUSE ANY DISTURBANCE TO THE SOFTWARE OR TO SUCH OTHER SOFTWARE.
IN THE EVENT OF COMMUNICATIONS OR SYSTEM ERRORS OCCURING IN CONNECTION WITH THE SOFTWARE, NEITHER WE NOR THE VENDOR NOR THEIR AFFILIATES AND RELATED PARTIES WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY COSTS, EXPENSES, LOSSES OR CLAIMS ARISING OR RESULTING FROM SUCH ERRORS.
NEITHER WE NOR OUR AFFILIATES AND RELATED PARTIES WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR PAYMENTS MADE TO YOU AS A RESULT OF A DEFECT OR ERROR IN THE SOFTWARE, OR IN CONNECTION WITH ANY CLAIM OR DEMAND MADE BY THE VENDOR OR ANY THIRD PARTY FOR THE RETURN OF SUCH PAYMENTS OR OTHERWISE IN CONNECTION WITH SUCH PAYMENTS.
The Software includes non-public and confidential information, which is secret and valuable to Us or the Vendor. You agree, as long as You use the Software and thereafter, to (a) keep all such confidential information strictly confidential; (b) not to disclose such confidential information to a third party, and not to use such confidential information for any purpose other than participating in the Online Bingo Halls. You further agree to take all reasonable steps at all times to protect and keep confidential such confidential information.
You are not a resident of any of the excluded territories listed in Section 2.1 above; and
You have examined the legality of Your participation on the Online Bingo Halls and use of the Software in each jurisdiction that is applicable to You, and have found the same to be legal is such jurisdictions under all applicable laws and orders of any competent authority.
We may make changes to this Agreement at any time, at our sole discretion. Such changes will take effect from the date specified by us on the Website, whether or not we have notified you specifically of such changes. It is important, therefore, that You log in to the Website from time to time to check to see whether there is a notification of change.
You agree to be solely responsible for becoming informed of such changes. If You continue to use the Website or the Online Bingo Halls after the effective date of certain changes (regardless of the way we have notified such changes), You agree to be bound by those changes whether or not You have had actual notice of, or have read, the relevant changes. If You do not agree to be bound by relevant changes, You should not continue to use the Website or the Online Bingo Halls any further.
This agreement is effective, and binding upon You, from the moment of Your acceptance by clicking on the "I agree" button, and shall remain in force unless terminated in accordance with the provisions hereof.
You may terminate this Agreement with immediate effect at any time, subject to the terms of clause 8.4. Termination by You shall be effected by sending us written notice of the termination of Your participation on the Website and the Online Bingo Halls and closure of your account with Us.
We may terminate this Agreement with immediate effect at any time, by written notice to You.
Upon any termination of this Agreement, whether by Us or by You, You agree and acknowledge that (i) Your rights to use the Software shall immediately terminate, and (ii) You will cease any and all use of the Software, and (iii) You will remove the Software from your computer, hard drives, networks and other storage material.
You understand and agree that We will be solely responsible to You under this Agreement, and while your commitments under this Agreement are also for the benefit of the Vendor, its affiliates and related parties (and can therefore be enforced by them too), Vendor, its affiliates and related parties are not parties to this Agreement and will not be liable for any damages of any kind whatsoever caused to You or any third party, regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise.
You are free to choose whether to download and use the Software. If You do so, You acknowledge that You do it with the full understanding of this Agreement, including the provisions of this Section 9, and at your own risk. IN NO EVENT SHALL WE (and for the avoidance of doubt, also Vendor) OR ANY OF THEIR AFFILIATES AND RELATED PARTIES, IN AGGREGATE:
BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL DAMAGE OR LOSS OF ANY KIND WHATSOEVER; OR LOSS OF BUSINESS, PROFITS, REVENUE, CONTRACTS OR ANTICIPATED SAVINGS; OR LOSS OR DAMAGE ARISING FROM LOSS, DAMAGE OR CORRUPTION OF ANY DATA; or
BE LIABLE TO YOU WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATING TO THIS AGREEMENT, HOWSOEVER ARISING UNDER CONTRACT OR ANY THEORY OF LAW, FOR DAMAGES EXCEEDING THE LOWER OF (A) THE AMOUNT DEPOSITED BY YOU WITH US AND USED BY YOU FOR GAMING PURPOSES, OR (B) EURO 1,000 (ONE THOUSAND EURO).
Governing Law. The construction, validity and performance of this Agreement will be governed by the laws of England.
Competent Courts. Any legal proceedings arising out of or relating to this Agreement will be subject to the jurisdiction of the courts of London, England. However, this shall not prevent Us from bringing any action in the court of any other jurisdiction for injunctive or similar relief.
Severability. The illegality, invalidity or enforceability of any part of this Agreement will not affect the legality, validity or enforceability of the remainder.
Language. The English language version of this Agreement will prevail over any other language version issued by us.
No assignment by You. You are not allowed to assign this Agreement or any rights or obligation hereunder to any other party.
Priority. This Agreement shall prevail in the event of any conflict between the terms and conditions herein and any other agreement or document referred to herein or used in connection with the Software.
Notices. You agree to receive communications from us in an electronic form. Electronic communications may be posted on the pages within the Website or the messages/help files of your client application, or delivered to your e-mail address. All communications in either electronic or paper format will be considered to be in "writing" and to have been received no later than five business days after posting or dissemination, whether or not you have received or retrieved such communication. We reserve the right, but assume no obligation, to provide communications in paper format. Any notices required to be given in writing to us or any questions concerning this Agreement should be addressed to email@example.com