Terms and Conditions
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1. Outlines
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These Terms and Conditions apply to the Boomer-Living-Trivia games and services on trivia.boomer-trivia.com Website (the “Service”) (together the “Boomer-Living-Trivia Games”). You accept these Terms and Conditions when You enter any of the Boomer-Living-Trivia Games and You will also be asked to read and accept these Terms and Conditions when You register to play. If You do not agree with any of these Terms and Conditions then You should not play the Boomer-Living-Trivia Games nor use the Service.
All Boomer-Living-Trivia Games are supplied, promoted and managed by Trivya (On Net) Limited (“the Supplier”) a company registered (company number 513874503) and regulated by the relevant laws of Israel for the purposes of operating internet trivia competitions. In this Agreement "We" and "us" are references to the Supplier and / or Boomer-Living-Trivia Games and / or the Service as applies.
"You" means You, the user of the Service (and "your" shall be interpreted accordingly). "Users" means the users of the Service collectively and/or individually as the context admits. You can choose from two versions of the Boomer-Living-Trivia Games; a ‘Play for Free’ version, and a ‘Pay to Play’ version. In order to play the Boomer-Living-Trivia Games You must register
your details with the Supplier. In order to play the Pay to Play Boomer-Living-Trivia Games You must also deposit funds in an in an Boomer-Living-Trivia game account (the “Boomer-Living-Trivia Game Account”)
Gaming may not be legal in some jurisdictions under certain conditions, and in some jurisdictions may not be legal under any conditions. Boomer-Living-Trivia Games and Trivya (On Net) Limited make no representation as to the legality of its online gaming services in
your jurisdictions. Please verify the laws in your jurisdiction before registering and read Our terms and conditions carefully.
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| 1.1. You and We agree to be bound by these Terms and Conditions and the other provisions of the Agreement, as may be amended from time to time. In addition, If anything is not clear to You or You have any questions regarding the Agreement or the Service please contact Our Customer Services. Calls may be recorded. |
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1.2. Once You have accepted the terms and conditions of Our offer (as expressed herein) this User Agreement (the "Agreement") being a legally binding agreement between You and Us as updated from time to time, will govern
your use of the Website and Our Software.
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1.3. Boomer-Living-Trivia Games and Supplier reserve the rights to suspend, modify, remove or add to the Service in its sole discretion with immediate effect and without notice and We shall not be liable for loss suffered in consequence of any changes made.
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1.4. Underage gaming for real money is an offence and You must be 18 years old or over in order to register and play on this Service. Any transactions with persons under the age of 18 years will be void. No-one under the age of 18 or the age of legal consent for engaging in the activities included in the Service under the laws of any jurisdiction that applies to You, whichever is greater, may engage or use the Service under any circumstances and any person under the age of 18 or the age of legal consent for engaging in gambling activities under the laws of any jurisdiction that applies to You, whichever is greater, who engages or uses the Service will be in breach of the terms of this Agreement.
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1.5. To verify that minors are not using the Service We reserve the right to request proof of age and evidence to verify
your identity and place of residence at any time. We may cancel a person's account and exclude a person from using the Software or the Service if proof of age is not provided or if the We suspects that a person using the Software or the Service is underage. We may use any lawful and reasonable channels and methods available to us to carry out checks of any details provided to us. If, after registration, We become aware that You are under 18 years of age, We shall close
your account with immediate effect.
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1.6. No officer, director, employee, consultant or agent (including advertising agencies and promotional companies) of Boomer-Living-Trivia Games or any of its group companies or its suppliers or vendors is permitted to use the Service directly or indirectly. This restriction also applies to relatives of such persons and for this purpose 'relative' includes, but is not limited to, any of a spouse, partner, parent, child, live in or sibling. Further, no residents of Israel are permitted to engage the Software or use the Service.
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1.7. At all times, You may only have one account, for which You will sign up using
your own, correct name. You may not access the Software or use the Service by means of another person's account. Should You attempt to open more than one account, under
your own name or under any other name, or should You attempt to use the Service by means of any other person's account, We will be entitled to immediately close all
your accounts and bar You from future use of the Service.
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1.8. We reserve the right to refuse your registration for an account, based on any checks We run on
your user details.
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1.9. You promise that all details in the registration form submitted by You to Us are accurate and true. If the details You provide are not accurate and true, We may refuse
your registration or suspend or terminate your account and You could be subject to criminal or civil prosecution.
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1.10. You promise that the source of funds used by You for playing at the Service is legal.
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2. Agreement
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2.1. If You do not agree to any of the provisions of this Agreement You should immediately stop using the Software. By marking the "I Accept the Terms and Conditions" box as part of the registration process You are bound by the terms and conditions of this Agreement, and any rules and instructions detailed in the Software (the "Rules"), Our "Bonus Policy", Our "Withdraw Policy" and Our "Privacy Policy" (together the "Policies") in each case as updated from time to time. You are bound by this Agreement in any event if You use the Service or the Software, including, but not limited to, initiating or making a deposit through the Service or submitting
your deposit details to us.
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2.2. The specific rules governing each game on the Service are available on this Website, and We might change them from time to time, so make sure You keep checking them because each time You play on the Service You will be bound by them.
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2.3. We reserve the right to amend, modify, update and change any of the terms and conditions of this Agreement from time to time and We will publish any such modified version of this Agreement by publishing such version on the relevant page of the Site. In addition, We will provide the date of the last modified version of this Agreement at the foot of the homepage of the Site. It remains
your responsibility to ensure that You are aware of the correct, current terms and conditions of this Agreement and We advise You to check for updates on a regular basis. You shall be responsible for familiarizing
yourself with the content of the Service at any time (including any Rules and Policies).
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2.4. You shall not interrupt or attempt to interrupt the operation of the Service or of the normal playing of any of the games.
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2.5. ONCE YOU HAVE CONFIRMED your PARTICIPATION THE VALUE OF THE COMPETITION’S ENTRY FEE WILL IMMEDIATELY BE TAKEN FROM
your ACCOUNT BALANCE.
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2.6. We reserve the right to refuse the whole or part of participations at Our discretion. We reserve the right to set the maximum and minimum Entry Fee amounts and these will be updated in the rules accessible on the Service.
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2.7. We reserve the right, at Our sole discretion, to make changes to the payout rates and values or the service fees (Rake). These can be viewed on the Service. It is
your responsibility to note the payout values or service fees applying to each game in each session before You choose to participate.
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2.8. Except as otherwise agreed in these Terms and Conditions or as otherwise agreed between Us and You, no communications from You, including in respect of any information displayed on the Service shall be binding on Us until accepted by Us. |
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2.9. You agree that We and Our records shall be the final authority in determining the terms of any fees You paid and the circumstances in which they Were made.
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2.10. Any applicable taxes and fees in connection with any winnings awarded to You or any other payments to You are
your sole responsibility, however You authorize Us to deduct such applicable taxes and fees, if any, from the winnings awarded to You to the extent required by law.
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2.11. Winnings cannot be transferred, substituted, exchanged or redeemed for any other prize.
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2.12. If You become a winner, We may ask You to complete a winner confirmation and release form before You can receive
your winnings. Such confirmation and release form will ask You to certify that the information You have given about
yourself is correct, that You have won and that You are not a family member of any employee of Boomer-Living-Trivia Games or Supplier. Any misrepresentation of facts as to
your eligibility, whether intentional or unintentional, might mean You forfeit any winnings.
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3. Governing Law
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3.1. The laws of Israel, without reference to, will govern this agreement's rules governing choice of law. Any action relating to this agreement must be brought in Israel, and You irrevocably consent to the jurisdiction of its courts.
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4. Compliance with Laws/h4>
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Internet gaming may not be legal in some jurisdictions. You understand and accept that the Boomer-Living-Trivia Games and Supplier are unable to provide You with any legal advice or assurances and that You are solely responsible for verifying and complying with the law in any jurisdiction that applies to You before registering. The Service is directed only towards users who are not prohibited by the laws of any applicable jurisdiction from playing on the Internet. We do not intend to enable You to contravene applicable law. You represent, warrant and agree to ensure that You comply with all applicable laws, statutes and regulations in relation to
your use of the Software and the Service. We shall not be responsible for any illegal or unauthorized use of the Software and/or this Service by You. Please consult legal counsel in the applicable jurisdiction if You have any doubts about the legality of
your use of the Software and the Service under the laws of any jurisdiction that applies to You. By accepting these terms, You agree to assist Us, to the extent You are able, with Our compliance with applicable laws and regulations.
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5. your Representations and Undertakings
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In consideration for the rights granted to You to use the Service and the Software, You represent, warrant, covenant and agree that:
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5.1. You are at least 18 years old, or the age of legal consent for engaging in gambling activities under the laws of any jurisdiction that applies to You, whichever is greater, You are of sound mind and You are capable of taking responsibility for
your own actions.
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5.2. All the details contained in your Registration Form as submitted or any details given when making a deposit to the Service are true, current, correct and complete and match the name(s) on the credit/debit card(s) or other payment accounts to be used to deposit or receive revenues in
your account. Without derogating from the aforementioned, should You use a credit/debit card or any other form of payment which are not in
your private and personal name, We will presume that You have received complete and sufficient consent to make use of such payment instrument for the purposes herein from the rightful owner and/or the person whom name is used on such payment instrument, prior to
your engagement with us. We shall not be obligated in any manner to examine such consent and shall bare no responsibility in respect to
your representations hereunder. You will promptly notify us of any changes to those details. From time to time You may be requested to provide us with certain documents to verify the details of the credit card used by You to deposit money to
your account. Depending on the outcome of these verification checks You may or may not be permitted to deposit further monies with the credit card previously used by You. Should any of the information that You provide to us be untrue, inaccurate, misleading or otherwise incomplete, You will be in breach of contract and We reserve the right to terminate
your account immediately and/or prevent You from using the Software or the Service, in addition to any other action that We may choose to take.
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5.3. The User Name and Password that You choose must be kept private and secure by You at all times. You shall not allow any third party to use
your account, password or identity to access or use the Service or the Software and You shall be responsible for any activities undertaken on
your account by a third party. You will not reveal your user name or password to any person or use any other person's account, password, identity or means of payment to access or use the Service or the Software. You shall not allow any person under the age specified in 5.1 above any form of access to the Service or Software. You shall inform us immediately if You suspect that
your account is being misused by a third party and/or any third party has access to
your account, password or identity so that We may inspect your account.
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5.4. You have verified and determined that your use of the Service does not violate any laws or regulations of any jurisdiction that applies to You.
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5.5. You fully understand the methods, rules and procedures of the Service and Internet gaming in general. You understand that it is
your responsibility to ensure the details of costs and games are correct. You will not commit any acts or display any conduct that damages Our reputation.
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5.6. You are fully aware that there is a risk of losing money when playing by means of the Service and that You are fully responsible for any such loss. You agree that
your use of the Service is at your sole option, discretion and risk.
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5.7. You acknowledge that in registering and using the Service You have to provide us with certain personal details about
yourself (including details regarding your methods of payment). We may disclose certain of these details to third parties, as set out in Our Privacy Policy. You consent to this and to the terms of Our Privacy Policy.
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5.8. You hereby agree that in the event of your winning a jackpot over $1,000 in relation to the Jackpot games on the Site You will grant Us an irrevocable, exclusive and perpetual worldwide right and license, to use
your name, photograph and likeness in any media, in connection with the marketing and promotion of the Service and the Site and You will fully cooperate with Our representatives in such regard.
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5.9. You shall use the Site, the Service and the Software in accordance with the terms and conditions of this Agreement, as amended from time to time and You shall abide by the rules and instructions for playing the games that comprise the Service, the Policies and the Rules.
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5.10. You are solely responsible for recording, paying and accounting to any relevant governmental, taxation or other authority for any tax of other levy that may be payable on any winnings paid to You.
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5.11. You are solely responsible for any telecommunications networks and Internet access services and other consents and permissions required in connection with
your use of the Software and the Service.
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5.12. Protection of the integrity of Our Service is paramount and accordingly We reserve the right to refuse to register You and/or to suspend and/or terminate
your registration and/or account at any time in each case in Our sole and absolute discretion. Although wherever possible We try to keep Our Users fully informed about the way in which We operate the Service, this is not always possible for legal and other reasons. In such circumstances We shall not be obliged to provide You with any reasons for refusing
your registration or suspending or terminating your account. We reserve the right to refund to You or withhold any payment of monies from or into
your account if there is manipulation of Our financial system or suspicion or evidence thereof or a breach or suspected breach of any applicable law or any of these Terms and Conditions, in each case without providing any reason.
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6. your Account
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6.1. your account is for your sole personal use only and shall not be used for any professional, business or commercial purpose.
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6.2. We take no responsibility for any third party access to your account and under no circumstances shall We be liable for any losses incurred by You as a result of misuse of
your password by any person or for any unauthorized access to your account and all transactions where
your user name and password has been entered correctly will be regarded as valid, whether or not authorized by You.
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6.3. Monies held in your account shall not attract any interest.
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6.4. Should You fail to use your account for six months your account will be considered a "dormant account". The six-month period will run from the date of
your last login to your account. In the case of a dormant account, We will levy a monthly administration fee at a rate of 10% of the balance in the account on the date that it became dormant but not less than $1.00. The administration fee shall be deducted from the dormant account commencing from the last day of the sixth month in which the account is inactive and occurring on the last day of every month thereafter, until the balance of the account has reached zero. In the event that You login to
your account during the ten-month period during which the administration fee is levied, We shall cease to levy the administration fee but shall not be obligated to return to You any monies deducted from the account at such time.
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6.5. We may, at any time, set off any positive balances on your account against any amount owed by You to us.
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6.6. We reserve the right to limit or refuse any fee or other wager made by You or through
your account. /td>
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6.7. If any of your personal account details or other financial information relevant to
your account change, You must inform us immediately via the "My Account" section of the Service, or by contacting Our Customer Services. We will not be responsible for transactions which are declined as a result of incorrect details where You have failed to make us aware of any changes/correct details. Should
your credit or debit card be lost or stolen, You must notify Us immediately.
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6.8. If your credit or debit card provider refuses to authorize three or more transactions in any one month period from
your card We may automatically close your betting account.
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7. Deposits and Withdrawals
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7.1. You may spend up to the amount of the current available balance in your account, which will not bear interest.
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7.2. There is a $25 minimum deposit on your account and You can withdraw any amount from
your account, up to your current available balance and no less than $30 at any time (excluding bonus cash which must be played through or waived as stated under the “Bonus policy” and bonuses Terms and Conditions). Money withdrawn will be forwarded to the credit or debit card account You registered with Us up to the amount You have in
your account’s cash balance. Prior to your first withdrawal or should You choose to change
your withdrawal venue, You must provide Us with paper or scanned copies of your passport or driver’s license, and a proof of address as will be required by US from time to time. .
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7.3. We may perform random security checks and keep records of transactions and gaming fees. We may demand reasonable additional documentation in the event of a security check and We may terminate and/or suspend
your registration and/or account and/or withhold payment to You if We do not receive such documentation.
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7.4. If You decide that You want to stop playing on the Service, contact Our Customer Services and We can either suspend
your account for a period of 3, 6, 9, or 12 months, or close your account and prevent You from playing on the Service in the future if You wish. In the event that You ask Us to close
your account, We will return to You all of the funds in your account and We will not accept further wagers from You. You can reactivate
your account by contacting Our Customer Services.
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8. Payment Transactions and Payment Fraud
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8.1. Each user is fully responsible for paying all monies owed to the Service. In respect of any payment made by You, You agree that You will not make any charge-backs, and/or deny or reverse any such payment and will reimburse the Service for any charge-backs, denial or reversal of payments You make and any loss suffered by Us as a consequence. We may, at Our sole discretion, cease to provide the Service or payment to certain users or to users paying with certain credit cards.
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8.2. We reserve the right to run credit checks on a user, with third party credit agencies, on the basis of the information provided to us on signup and transaction request.
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8.3. We reserve the right to use third party electronic payment processors and/or financial institutions to process payments made by and to You in connection with
your use of the Service. To the extent that they do not conflict with the terms of this Agreement, You agree to be bound by the terms and conditions of such third party electronic payment processors and/or financial institutions.
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8.4. In the case of suspected or fraudulent payment, including use of stolen credit cards, or any other fraudulent activity (including any chargeback or other reversal of a payment), We reserve the right to block a user's account, reverse any pay-out made and recover any winnings. We shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or otherwise unlawful activity, and may employ collection services to recover payments. However, under no circumstances shall the We be liable for any unauthorized use of credit cards, irrespective of whether or not the credit cards Were reported stolen.
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8.5. All payments into your account must be from a payment source, such as a credit card, debit card, PayPal account or charge card, on which You are the named account holder. |
9. Bonuses/h4>
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9.1. All promotions, bonuses or special offers are subject to promotion-specific terms and conditions and any complimentary bonus credited to
your account must be used in adherence with such terms and conditions. We reserve the right to withdraw any promotion, bonus or special offer at any time.
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9.2. In the event that We believe a user is abusing or attempting to abuse a bonus or other promotion, or is likely to benefit through abuse or lack of good faith from a gaming policy adopted by Us, then We may, at Our sole discretion, deny, withhold or withdraw from any user any bonus or promotion, or rescind any policy with respect to that user, either temporarily or permanently, or terminate that user's access to the Service and/or block that user's account.
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10. Promotions
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10.1. You might be awarded or be entitles for a promotional bonus or other unique bonuses as may be awarded from time to time. Bonuses are awarded for You to use on the Service. Only one bonus can be awarded for any specific event and there are certain rules, which We set out below, for how You can use such bonuses and when they can be withdrawn from
your account.
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10.2. Bonuses will be handled one after the other, once the earliest bonus is resolved the next in line will become Active. All bonus cash awarded on Our Service must be played through 10 times on any game before withdrawal. There are some exceptions to this.
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10.2.1. In Process – A bonus which You have started to play through 10 times, but in respect of which You have not yet completed this task. This bonus cannot be withdrawn by You.
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10.2.2. In Line – A bonus which You have not yet started to play through 10 times. This bonus cannot be withdrawn by You.
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10.2.3. Fulfilled – A bonus which has successfully been played through 10 times. This bonus can be withdrawn by You and is regarded "real" money and not "bonus" money in the total balance.
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10.2.4. Used – A bonus that before it could be played through, the account balance was depleted to an amount smaller than 50 cents, is considered to be wasted.
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10.2.5. Expired – A bonus that was not played through 10 times by its specified expiration date is retrieved by the service. Once Expired, the bonus is deducted from
your balance. If your balance before revocation is less than the bonus itself, than the balance will be set to $0 and there will be no future requirement on
your part in respect of the revoked bonus.
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10.2.6. Revoked – A bonus can be revoked from your balance if You are inactive for over 3 months. Once revoked, the bonus is deducted from
your balance. If your balance before revocation is less than the bonus itself, than the balance will be set to $0 and there will be no future requirement on
your part in respect of the revoked bonus.
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10.2.7. While a bonus is either active or in pending status, You will be unable to withdraw any cash unless You choose to forfeit the bonus. If You have any questions about bonuses, please contact Our Customer Services.
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11. Copyright and Trade Marks
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11.1. All of the material on the Service (the "Material") and underlying software for the Service (the "Software") is the exclusive property of Boomer-Living-Trivia Games, Supplier or their licensors.
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11.2. The Material and the Software are protected by trade mark law, copyright law and/or other intellectual property rights.
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11.3. All content included on this site, including without limitation text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the sole and exclusive property of T Boomer-Living-Trivia Games, Supplier or their content suppliers and protected by applicable laws.
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11.4. You may only use the Material and the Software in your use of the Service in accordance with these Terms and Conditions and the other provisions of this Agreement. Any other use is strictly forbidden and all rights are expressly reserved to the fullest extent permitted by law. Except as permitted by law, You will not reverse engineer, recompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works based on the Software, and You will be solely liable for any damages, costs, or expenses resulting from any of the above.
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11.5. Under no circumstance may You copy content (including without limitation trivia questions, answers, or games) from the site.
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11.6. You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on this site, except with Our express written consent. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the site, including without limitation code and software.
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11.7. If You are unclear about what You can or cannot do please contact Our Customer Services or
your local citizen's advice bureau for more information about your rights.
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12. User Submitted Material
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12.1. Members of the service are free and Welcomed to submit trivia content. When a user submits trivia, all content becomes the sole property and in full ownership by the Service (by clicking the SUBMIT button You state
your agreement to this and waive any claims over such material). Supplier has all rights and ownership to content/questions entered and may publish and use this content in any way and form it so choose with no reserve or limitation.
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12.2. We reserve the right to accept or deny such edits. Note hoWever that once a question is submitted, You have no rights to demand modifications or deletion.
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12.3. The Service reserves the right and will, in its sole discretion, modify, edit, archive and delete published or unpublished members submitted content.
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12.4. In addition, users submitting content to the service warrant and represent when they submit the content that the content is in their own words and has not been taken from any copyright sOurce(s) or they otherwise control all of the rights to such content as described in these terms including, without limitation, all the rights necessary for them to provide, post, upload, input or submit the content. Any user found to be submitting plagiarized or other infringing work might be exposed to prosecution by the actual copyrights owners.
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13. TRIVIA QUESTION ACCURACY h4>
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1313.1. The Service makes every effort in verifying and ensuring the accuracy and integrity of questions and answers provided on the service. However, We do not warrant that trivia content provided on the service is by all means free of all errors and inaccuracies.
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14. Obligations of Boomer-Living-Trivia Games and Supplier
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14.1. The Boomer-Living-Trivia Games and Supplier have no obligation to check whether users are using the Service in accordance with this Agreement or the Rules, as updated from time to time.
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14.2. Under no circumstances shall the We be obligated to investigate or pursue any complaints made by a player against any other player using the Service or to take any other action in connection therewith, or take any action against a player for any reason, including without limitation for violating the terms of this Agreement. We may, at Our sole discretion, decide to take appropriate action against any person it suspects of engaging in any unlawful
behavior or otherwise violating the terms of this Agreement, but is under no obligation to do so.
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14.3. We have no obligation to maintain account names or passwords. If You misplace, forget or lose
your account name or password because of anything other than the Our error, We shall not be liable.
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15. NO WARRANTY
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15.1. THE SERVICE AND THE SOFTWARE ARE PROVIDED "AS IS". WE MAKE NO WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED (WHETHER BY LAW, STATUTE OR OTHERWISE), INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS OR ACCURACY OF THE SERVICE OR THE SOFTWARE OR INFRINGEMENT OF APPLICABLE LAWS AND REGULATIONS. THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF THE SOFTWARE LIES WITH YOU.
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15.2. WE MAKE NO WARRANTY THAT THE SOFTWARE OR SERVICE WILL MEET your REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS OR AS TO RESULTS OR THE ACCURACY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE SERVICE.
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15.3. IN THE EVENT OF SYSTEMS OR COMMUNICATIONS ERRORS, BUGS OR VIRUSES RELATING TO ACCOUNT SETTLEMENT OR OTHER ELEMENTS OF THE SERVICE OR RESULTING IN LOSS OF DATA BY YOU OR ANY OTHER DAMAGE TO
your COMPUTER EQUIPMENT OR SOFTWARE, WE SHALL IN NO WAY BE LIABLE TO YOU AND WE RESERVE THE RIGHT TO VOID ALL GAMES IN QUESTION AND TAKE ANY OTHER ACTION TO CORRECT SUCH ERRORS SAVE THAT WE ARE NOT REQUIRED TO PROVIDE ANY BACK UP NETWORK AND/OR SYSTEMS OR SIMILAR SERVICES.
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15.4. WE SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY your INTERNET SERVICE PROVIDER OR OTHER THIRD PARTY WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVER THAT HOSTS THE SITE.
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16. Limitations of Liability
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16.1. You agree that You are free to choose whether to use the Service and do so at
your sole option, discretion and risk.
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16.2. We will NOT compensate You for any loss or damage You may suffer in connection with the Service UNLESS We fail to carry out any of Our obligations under this Agreement to a reasonable standard or if We breach any duties imposed on us by law (including if We cause death or personal injury by Our negligence) AND such failure is not attributable to (i)
your own fault (ii) a third party unconnected with Our performance of this Agreement (e.g. problems due to the performance of
your access equipment); or (iii) any other events which neither We nor Our suppliers could have foreseen or forestalled even if We or they had taken reasonable care. As this Service is for private consumer use only Our liability shall not in any event include losses related to any business of
yours such as lost profits or business interruption.
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16.3. We shall use reasonable efforts to secure any information that You transmit or store through the Service in order to prevent unauthorized access by third parties. You acknowledge,
however, that We are unable to exercise control over the security of information passing over third party networks and We are not responsible for any kind of unauthorized access to information passing over the network or via the Service and for any damage or loss or corruption of data, information or material, or viruses that may infect
your computer equipment or other property.
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16.4. We shall not be liable to You or any third party in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with
your, or any third party's, use of the Software or the Service, whether direct or indirect, including, without limitation, damage for loss of business, loss of profits (including loss of or failure to receive anticipated winnings), business interruption, loss of business information, or any other pecuniary or consequential loss (even where We have been notified by You of the possibility of such loss or damage).
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16.5. We shall not be liable in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with
your use, of any link contained on the Site. We are not responsible for the content of any linked sites.
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16.6. You confirm that We shall not be liable to You or any third party for any modification to, suspension of or discontinuance of the Software or the Service.
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16.7. You agree that, in the event that the Software or Service fails to operate correctly as a result of, but not limited to, any delay or interruption in operation or transmission, any loss or corruption of data or communication or lines failure, any person's misuse of the Site or its contents or any error or omission in content or any other factors beyond Our control:
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16.7.1. We will not be responsible for any loss, including loss of winnings, that may result; and
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16.7.2. if any such errors result in an increase in winnings owed or paid to You, You shall not be entitled to the winnings falling within such increase. You shall immediately inform Us of the error and shall repay any winnings credited to
your account in error to the Service (as directed by the Us) or We may, at Our discretion, deduct an amount equal to those winnings from
your account or set off such amount against any money owed to You by the Us.
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17. Duration and Terminationh4>
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17.1. This Agreement shall come into force immediately upon your marking the "I Accept the Terms and Conditions" box as part of the registration process and shall continue in force unless and until terminated in accordance with its terms.
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17.2. The Agreement is effective until terminated by You or Us at any time. If You terminate this Agreement You do not need to give Us notice unless You are doing this because We have not materially complied with Our obligations to You. Upon termination for any reason, regardless of
your other rights, You must cease all use of the Service.
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17.3. Upon termination of this agreement by Us or You, as detailed above, You shall be entitled to the return of the current available balance in
your Account, which shall be credited within 14 working days of the termination of this agreement to
your credit / debit card that You have registered with Us.
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17.4. We may terminate this Agreement and your account (including your username and password) immediately without notice:
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17.4.1. if for any reason We decide to discontinue to provide the Service;
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17.4.2. if We believe that You have breached any of the terms of this Agreement;
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17.4.3. if your use of the Service has been in any way improper or breaches the spirit of this Agreement; or
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1717.4.4. for any other reason We see fit. Save for as otherwise provided, on termination of this Agreement any balance in
your account will be returned to You within a reasonable time of your request, subject always to Our right to deduct any amounts oWed by You to us.
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17.5. You may terminate this Agreement and your account (including your username and password) at any time by sending an email to us at support@triviaonnet.com, such termination to take effect upon Our terminating of
your account (including username and password), which shall occur within 7 calendar days after receipt by Us of
your email on Our servers, provided that You shall remain responsible for any activity on
your account between sending us an email and the termination of your account by us.
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17.6. On termination of this Agreement You shall:
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17.6.1. discontinue the use of the Software and the Service;
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17.6.2. pay all amounts due and owing to Us; and
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17.7. The right to terminate this Agreement given by this clause shall not prejudice any other right or remedy of either party in respect of the breach concerned (if any) or any other breach.
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17.8. Upon the termination of this Agreement for any reason, except as otherwise provided in this Agreement and subject to any rights or obligations which have accrued prior to termination, neither party shall have any further obligation to the other under this Agreement.
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18. Customer Service Department
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You hereby expressly consent to the Our using the contact details provided by You on registration to occasionally contact You directly in relation to
your use of the Service or any other products or services offered by Us.
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19. Breach of these terms and conditions
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19.1. You agree to fully indemnify, defend and hold us and Our suppliers harmless immediately on demand from and against all claims, demands liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result:
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19.1.1. of any breach of this Agreement;
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19.1.2. violation by You of any law or the rights of any third party;
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19.1.3. use by You of the Service or Software or use by any other person accessing the Service or Software using
your user identification, whether or not with your authorization; or
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19.1.4. acceptance of any winnings.
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19.2. In addition to any other remedy available, if You breach any of these terms and conditions of this Agreement or We have reasonable grounds for suspecting that You have breached the terms and conditions of this Agreement, in addition to any other remedies available to us,
your winnings may be forfeited at the discretion of Supplier and We may retain any positive balance then existing in
your account on account of any damages or other amounts owed by You to US pending investigation and/or the conclusion of any legal proceedings. Failure to comply with this Agreement may also result in disqualification, account closure and/or legal action being taken against You.
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20. Prohibited Uses of the Site and Service
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20.1. Illegal Funds and Unlawful Activities: You declare that the sOurce of funds used by You for playing on the Site is not illegal and that You will not use the Service in any way as a money transfer system. You will not use the Service for any unlawful or fraudulent activity or prohibited transaction (including money laundering) under the laws of any jurisdiction that applies to You (in particular, the laws of Israel). If We have a suspicion that You may be engaging in or have engaged in fraudulent, unlawful or improper activity, including, without limitation, money laundering activities, or conduct otherwise in violation of this Agreement,
your access to the Service may be terminated immediately and/or your account blocked. If
your account is terminated or blocked in such circumstances, We are under no obligation to refund to You any funds that may be in
your account. In addition to terminating your access to the Service and/or blocking
your account, We reserves the right to prevent You from accessing any of Boomer-Living-Trivia Games or Supplier’s other Websites or servers, or accessing any other services offered by Us. We shall be entitled to inform relevant authorities, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions (together "Interested Third Parties") of
your identity and of any suspected unlawful, fraudulent or improper activity and You will cooperate fully with Us to investigate any such activity.
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20.2. Circumvention: We have developed and employ sophisticated proprietary technology intended to seek out and identify users making fraudulent or unlawful use of the Service or Software. You shall not break into, access or attempt to break into or access or otherwise circumvent Our security measures. If, in Our sole discretion, You are in breach of this clause, We may terminate
your access to the Service immediately and/or have your account blocked, and We may inform Interested Third Parties of
your breach of this clause.
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20.3. Artificial Intelligence - Robots: You are not allowed to use any software program which, in Our opinion, is
endowed with artificial intelligence ("AI Software") in connection with
your use of the Service. We constantly review the use of the Service in order to detect the use of AI Software and in the event that We deem it has been used We reserve the right to take any action We see fit, including immediately blocking access to the Service to the offending user, terminating such user's account and seizing all monies held in such account.
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21. Chat Feature h4>
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21.1. We reserves the right to review the chat facility in relation to any game on the Site and to keep a record of all statements made on such facility. In the event that You use the chat facility on the Site You shall be bound by the following rules:
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21.1.1. Users shall not make statements that are sexually explicit or grossly offensive, including expressions of bigotry, racism, hatred or profanity.
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21.1.2. Users shall not make statements that are abusive, defamatory or harassing or insulting to other Users.
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21.1.3. Users shall not make statements that advertise or promote any other online entities.
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2121.1.4. Users shall not make statements about the Service or the Site or any other Internet site connected to Boomer-Living-Trivia Games or Supplier that are untrue and/or malicious and/or damaging to Us.
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21.2. In the event of your breaching any of the above rules, We shall have the right to immediately terminate
your membership. Upon such termination We shall refund to You any funds which may be in
your account over and above any amount which may be owing to Us at such time (if any).
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22. General
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22.1. If any part of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of this Agreement and shall not affect the validity and enforceability of any of the remaining provisions of this Agreement. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.
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22.2. No waiver by us of any terms of this Agreement shall be construed as a waiver of any preceding or succeeding breach of any terms of this Agreement.
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22.3. Unless otherwise expressly stated, nothing in this Agreement shall create or confer any rights or any other benefits to third parties.
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22.4. Only You or We have the right to enforce any provision under the Agreement.
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22.5. Nothing in this Agreement shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise
between You and us.
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22.6. This Agreement contains the entire agreement between You and us relating to the Service and supersedes any and all prior agreement
between You and us. You confirm that, in agreeing to accept this Agreement, You have not relied on any representation save insofar as the same has expressly been made a representation in this Agreement.
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22.7. 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.
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22.8. You may not transfer, assign, sublicense or pledge in any manner whatsoever any of
your rights or obligations under this Agreement.
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22.9. In this Agreement, "You" or "your" or "user" means any person who uses the Service or the Software under this Agreement. Unless otherwise stated, "We", "us" or "Our" refers collectively to Boomer-Living-Trivia Games and Supplier and their respective subsidiaries, affiliates, directors, officers, employees, agents, suppliers, and contractors.
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22.10. Nothing in this Agreement shall be construed so as to grant You any security interest whatsoever over Our assets, including for the avoidance of doubt on any amounts standing to the credit of
your account.
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22.11. If You breach the Agreement and We do not take any action against You, We may still take action against You if You breach the same term on another occasion or if You breach a different term.
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23. U.S. PLAYERS
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Residents of US states listed herein are prohibited under local legislation form participating in the ‘Service’. Excluded sates: Arkansas, Arizona, Connecticut, Delaware, Florida, Iowa, Illinois, Louisiana, Maryland, Montana, Nebraska, South Carolina, South Dakota, Tennessee, and Vermont. Account Signup attempts from excluded states are blocked, moreover, in the occasion of a successful signup from an excluded state and regardless of circumstances, the ‘Service’ management reserves the right to freeze the account and all related funds.
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