Date of Last Revision 29 May 2020
By accessing this website you consent to the following terms and conditions of use. In these terms and conditions 'BetYourselfBetter' means Hume Consulting Ltd(hereafter, "us", "we", "BetYourselfBetter" or the "Company") and its related companies that host services on this website. "This website" includes www.betyourselfbetter.com /co.uk/org, www.disciplineX.com/co.uk/org, www.disciplinexgames.com /co.uk/org , www.disciplineX-games.com/co.uk/org,www.disciplinegames.com/co.uk/org.
BetYourselfBetter, is a ‘Behaviour Tourament' website that allows individuals to enter into binding contracts in which they commit to meet their goals (a "Commitment Contract") relative to others.
The following are the current terms and conditions for any and all use of the Service. The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (Terms of Service). The Terms of Service shall be deemed to include all other operating rules, policies and procedures that are referred to herein or that may otherwise be published by BetYourselfBetter at the Site from time to time (collectively, Policies), including without limitation, the following Policies: User, Privacy and Reward
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF SERVICE, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO ENTER INTO THIS AGREEMENT, THEN DO NOT ACCESS OR USE THE SERVICE IN ANY MANNER. COMPLETING THE REGISTRATION PROCESS, ACCESSING OR USING ALL OR ANY PART OF THE SITE OR SERVICE WILL CONSTITUTE ACCEPTANCE AND CREATE A LEGALLY ENFORCEABLE CONTRACT UNDER WHICH YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF SERVICE, WITHOUT MODIFICATION.
1 CHANGE:
BetYourselfBetter reserves the right, at its sole discretion, to modify or replace the Terms of Service (including any Policy), in whole or in part, at any time. BetYourselfBetter will use reasonable efforts to notify Users of any material change. A link to the most current Terms of Use will be available on the BetYourselfBetter home page and we will indicate the date of the "Latest Update" at the top of the Terms of Use. We may also attempt to notify our Users by electronic mail. In any case, Users should periodically check the Terms of Service for changes. Continued use of the Service following any such notice of any change to the Terms of Service shall constitute User's acceptance of those changes. The Terms of Service may not otherwise be amended, except by a written agreement executed by User and BetYourselfBetter.
BetYourselfBetter may modify or terminate the Site or other aspect of the Service, in whole or in part, at any time.
BetYourselfBetter’s Terms of Use include BetYourselfBetter’s Privacy and Reward Policy. This policy is an integral part of BetYourselfBetter’s Terms of Use and is subject to all of the provisions of these Terms of Use.
The BetYourselfBetter Services are available for individuals aged 18 years or older. Use of the Site is void where prohibited. This Site is intended solely for users who are eighteen (18) years of age or older. Any registration by, use of, or access to the Site by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms of Use. By using the Site, you represent and warrant that you are 18 or older and that you agree to abide by all of the terms and conditions of this Agreement. BetYourselfBetter may refuse to offer or continue offering the Service to any person and may change its age eligibility criteria from time to time.
2 Termination
BetYourselfBetter may terminate User's Account, if the Account's not accessed for over 12 months will be purged. The Site also reserves the right to terminate your account or decline or limit your participation in any site activity for any reason, including, but not limited to harassment of other participants, posting of offensive material, making libelous statements, or any breach of the terms of the agreement between you and the Site, and any breach of the security of your account or the Site. Any violation of BetYourselfBetter Terms and Conditions by player and/or affiliate that includes but is not limited to spamming, promotion of illegal, offensive, pornographic material/content or any promotion of competing game sites will immediately result in termination of account(s), forfeiture of any previously earned and future pending referral fees as well as liability for any additional damages suffered by BetYourselfBetter as a result of the above actions including attorney fees and associated court costs. By registering for an account and/or participating in any tournament offered on the Site, you consent to allow the Site to access your account information to investigate complaints or other allegations of abuse. You may terminate your membership at any time for any reason provided that if you are in an ongoing game you will continue to be bound by the terms of that game until that game terminates.
3 REGISTRATIONS:
Registering for an account and/or participating in any game offered on BetYourselfBetter.com ("the Site") signifies your knowledge of and agreement to be bound by the most current version of these Terms and Conditions. To register for an account or participate in any game, the User must complete the registration process by providing BetYourselfBetter (like name, email, selfie and password) with current, complete and accurate information, as more specifically required by the then current registration procedures. Clients shall maintain and update their registration data from time to time, to ensure that it is always current, complete and accurate. At its sole discretion, BetYourselfBetter may delete a newly registered user, if we found any fraudulent information regards to the user.
Upon acceptance, BetYourselfBetter will provide access credentials to the Client. Each Client is solely responsible for maintaining the confidentiality of his or her access credentials and other account information, and will be solely liable for any and all activities under User’s account. User agrees to notify BetYourselfBetter immediately of any unauthorized use of User's account or any other breach of security.
4 User Rights and Limitations.
a. User can establish only one account to participate in the activities offered on the Site. The Site reserves the right to monitor any effort to establish multiple accounts; in the event the Site discovers that you have opened more than one account, all your accounts can be terminated. You represent and warrant that all information you supply to the Site is complete and accurate. Submitting incomplete, false, or inaccurate information will result in immediate termination of your account and forfeiture of any prizes to which you are otherwise entitled. The User also agrees to use the Site in a manner consistent with any and all applicable laws and regulations.
b. The User agrees not to use the Site or to authorize any other person to use the Site to:
i. cause the Site, or any portion thereof, to be framed in such a way that the Site, or any portion thereof, appears on the same screen with a portion of another website;
ii. harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for any reason outside game play, including sending unsolicited emails or other unsolicited communications;
iii. use the Site in any prohibited or unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
iv. use without written permission, automated scripts to collect information from or otherwise interact with the Site;
v. upload, post, transmit, share, store, or otherwise make available any content that the Company deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, racist, or otherwise objectionable, including the performance metrics and other sensitive personal information of players without such players' written permission;
vi. upload, post, transmit, share, store, or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
vii. register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
viii. impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity;
ix. upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
x. upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Identification numbers, and credit card numbers;
xi. solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
xii. upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
xiii. intimidate or harass other Users;
xiv. upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
xv. use or attempt to use another's account, service, or system without authorization from the Company, or create a false identity on the Site;
xvi. upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose the Company or its users to any harm or liability of any type;
xvii. manipulate your performance metrics in ways that violate the spirt of the game;
xviii. misrepresent your performance metrics or make any other misrepresentation that affects a game;
xix. play repeatedly for the purpose of being a "professional" competitor;
xx. manipulate the game including colluding among players, wagering on a game that you are not competing in, betting on someone other than yourself, betting against a player, or otherwise manipulating the natural course of the game;
xxi. play in more than the allowable number of concurrent games;
xxii. Without limiting any of the foregoing, you also agree to abide by our BetYourselfBetter Code of Conduct that provides further information regarding the authorized conduct of users on any BetYourselfBetter site.
5 Proprietary Rights in Site Content; Limited License.
a. Proprietary Rights. By registering for an account and/or participating in any tournament offered on the Site, you acknowledge that all information contained on the Site may be protected, in all forms and media, by one or more valid copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that all such rights are owned by the Site. . The Site neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties. While the Site uses reasonable efforts to include accurate and up-to-date information, the Site makes no warranties or representations as to its accuracy. The Site assumes no liability or responsibility for any errors or omissions in the content of the Site.
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by the Site or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, the Site is free to use any ideas, concepts, know-how or techniques contained in any communication you send to Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any additional compensation to you.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, including the names of all games, are registered and unregistered Trademarks of the Site and/or others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Site or such third party that owns the Trademark displayed on the Site. Your misuse of any Trademark displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that the Site will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution where appropriate.
b. Limited License. Provided that the User is eligible to use the Site, the User is granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright, trademark, service mark, or other proprietary notices intact. This limited license shall permit the User to share his or her User Content through social media, e-mail, or other Internet platforms. Except for User Content, you may not upload or republish Site Content on any Internet, Intranet, or Extranet site or incorporate any Site Content in any other database or compilation, and any other use of the Site Content is strictly prohibited. The license granted by this Terms of Use does not permit the use of any data mining, robots, spiders, or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time without notice and with or without cause.
6 User Content Posted on the Site
a. User Responsibility. You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Site (collectively the "User Content"). You may not post, transmit, or share User Content on the Site that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement or the BetYourselfBetter Code of Conduct, might be offensive, illegal, threatening to the safety of users or others, or might violate the rights of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.
b. License. When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing, provided that the Company may not use User Content in violation of the Privacy Policy. Aside from the license granted herein, Users retain all rights to their User Content, including the right to remove User Content at any time. If a User removes his or her User Content, then the license granted herein shall automatically expire, provided that the Company may retain archived copies of such information.
c. Submissions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site ("Submissions"), provided by you to the Company are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights (including all intellectual property rights) to, and shall be entitled to the unrestricted use and dissemination of, these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
7 Intellectual Property.
a. Trademarks. BetYourselfBetter, and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, service marks, or trade dress of the Company in the United Kingdom and/or other countries. The Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
b. Copyright Protection.
i. You may not Post, distribute or reproduce any copyrighted material, trademarks, or service marks or other proprietary information owned by another party without obtaining the prior written consent of the copyright owner. If you believe that your work has been copied and Posted on the Website without your permission or in any other way that constitutes copyright infringement, please review and follow the procedures set forth in our Copyright Policy.
ii. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company's sole discretion, members who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement or infringement of the Company's intellectual property rights specifically.
8 Third Party Websites and Content.
a. The Site contains (or you may be sent through the Site to) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to, or permitting of the use or installation of any Third Party Site or any Third Party Applications, Software, or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software, or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the Site.
b. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by the Company. Even if we recommend certain products, we are not offering any warrantees about the quality or safety of such products, either explicit or implied.
9 Dispute between Users
You are solely responsible for your interactions with other BetYourselfBetter users. We reserve the right, but have no obligation, to monitor disputes between you and other users. In the event that we do resolve a dispute between or among you and other users, our decision shall be final.
10 GAME RULES
BetYourselfBetter is an open platform. There are no standard rules set by BetYourselfBetter, its the Initiator of the game or team who set the rules. Once the initiator proposes that game to the team players, they can review the game rules. If a member of a team to whom these rules are being proposed is interested in playing the game then he/she need to agree to those rules otherwise leave their participation in the game then and there.
Players who choose to enter fee-based Tournaments do so at their own discretion and risk. As in any money-based game, there is the risk of loss of money.
Player shall not participate in fee-based Tournaments (nor accept any Prize) if Player does not fully understand, agree to, become a party to, and shall abide by, without exception, all rules, regulations, terms and conditions contained herein and that such rules, regulations, terms and conditions may change from time-to-time. By using BetYourselfBetter.com server and software, Players agree to be bound by the following:
Player is at least the age of legal majority in the jurisdiction.
Player understands that Player will participate in entry fee-based Tournaments.
Player understands that for each performance period, Player must provide clear and accurate picture evidence of Players progress. Player agrees to provide picture evidence before the stipulated cut-off period.
Player understands that where BetYourselfBetter, a member within the BetYourselfBetter community or any 3rd party that BetYourselfBetter has contracted, deems Player picture evidence of performance inadequate a decline message stipulating the reason will be sent to the Player. Player understands Player must resubmit picture evidence of performance to address all reasons for the decline.
Player understands that Player may from time to time be selected for a performance audit and will be required to provide a video recording or join a video call so that BetYourselfBetter, a member within the BetYourselfBetter community or any 3rd party that BetYourselfBetter has contracted, can validate current and or historic performance levels of Player and or the accuracy of the tracking equipment of Player.
Player understands that Player may need to download a 3rd party screen recording app if the mobile phone of Player does not provide screen recording functionality.
Player understands that in the case of video recordings these will need to reference a OneTime Passcode (OTP) and must be provided within a defined turn-around time for the OTP.
Player understands that BetYourselfBetter does not charge the full game pledge amount upfront and only charges the fee for the 1st round of the tournament (1 x strike value). Player understands that although other players have pledged to complete all rounds of the game, they may choose to cancel their registered card at any time during the life of the game, leaving BetYourselfBetter unable to charge them forfeitures for remainder of the game. Where this happens BetYourselfBetter will immediately freeze that players account and subtract their remaining forfeiture amounts from the Total Pledge amount of the game. Player understand this will reduce the size of potential winnings.
Player does not find our games or fee-based events offensive, objectionable, unfair or indecent.
Player understands that some games stipulate that a percentage of forfeitures should be awarded to charity or a community cause. Player understands that in these games, Player agrees to award Betyourselfbetter a higher percentage of the forfeitures, equivalent to the desired charitable contribution. Player understands that this additional percentage becomes the property of Betyourselfbetter and is not being handled on behalf of Player. Player understands that Betyourselfbetter is under no contractual obligation to make a donation on behalf of the Player/s, but will endeavour to honour the desired contribution intention of the players. Betyourselfbetter follows relevant government guidelines https://www.institute-of-fundraising.org.uk/ when handling fundraising matters, but makes no promise to monitor how funds are spent once the funds are donated to the charity or community cause. In the event that Betyourselfbetter become aware of misuse of donated funds, it may choose to look into the matter and/or notify relevant authorities if required, but is under no obligation to do so.
You agree to hold BetYourselfBetter.com, its employees, officers, directors, licensees, affiliates, partners, subsidiaries, advertising, promotion or other agencies, and agents completely harmless and fully indemnify them from any and all costs, expenses, liabilities and all damages whatsoever that may arise as a result of Player's; (i) entry or use the Web site, (ii) use of any materials at the Web site, (iii) entry or participation in fee-based Tournaments, (iv) participation in the Game(s), or, (v) incurring Losses or the acceptance of any Prizes.
a. Content. The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on or accessible through the Site, whether posted or caused by users of the Site, by BetYourselfBetter, by third parties, or by any of the equipment or programming associated with or utilized in the Site. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit, or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software, or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site.
b. Availability and Data Integrity. The Site may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes 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 including but not limited to User Content. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the worldwide web and/or in connection with the Site. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site, any User Content or Third Party Applications, Software or Content posted on or through the Site or transmitted to Users, or any interactions between users of the Site, whether online or offline.
c. Viruses and Malware. The Company does not represent or warrant that software, content or materials on the Site, or any Third Party Applications, Software, or Content are accurate, complete, reliable, current or error-free or that the Site, its servers, or any Third Party Applications, Software or Content are free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any such software, content or materials and use industry-recognized software to detect and disinfect viruses.
d. Health Disclaimer. BetYourselfBetter is not a medical organization. Nothing contained in this Agreement or on the Site should be construed as medical advice. The information offered by BetYourselfBetter or made available on or through the Site should not be interpreted as a substitute for physician consultation, evaluation, or treatment. The User acknowledges that BetYourselfBetter has no knowledge of any User's health condition(s) and that User alone is responsible for any actions User takes that may have any health or other risks to User.
There is no gambling or betting or wagering at BetYourselfBetter.com. BetYourselfBetter games are no different from chess and golf tournaments or other skill-based games that have been played for cash or prizes in the offline world for hundreds of years -- we've just taken them online. The outcome of all BetYourselfBetter games is based predominantly upon the players' skill, not chance. This in sharp contrast to lotteries or bingo games typically found in casinos, where every player ultimately faces the same random odds. BetYourselfBetter com constitutes pure skill based games. The result depends on the players effort not luck or chance.
e. Results. The Company cannot guarantee and does not promise any specific results from use of the Site and/or any Third Party Applications, Software or Content.
g. Initiators. games may be initiated by an individual not associated with the company. These games may be private or open to the public. These Initiators have the right to eject players at their own discretion. Any disputes you have with Initiators must be resolved directly with the Initiators. The Company will not mediate such disputes or take any responsibility for the actions or inactions of game Initiators.
h. Hosts. games may be hosted by individuals who may or may not be associated with the company. BetYourselfBetter is not responsible for any advice or tips they may offer in their games. If Hosts offer specific prizes in their games, they are responsible for delivering those prizes directly to players in the game. BetYourselfBetter is under no obligation to fulfil those prizes or incentives.
i. Disqualifications and Ejections. You may be disqualified for a variety of reasons by your game's Initiator or Host, including violating BetYourselfBetter's rules, Terms of Use, or for displaying bad sportsmanship in the judgment of your Initaitor or Host. If you are disqualified or ejected for any reason, you will not receive a refund. You further acknowledge that your game's Initiator or Host has the absolute and unappealable right to eject anyone in the game. If you are not comfortable giving the Initiator or Host this power, do not play.
j. Excessive/Unlikely Performance. You will be automatically disqualified from games for excessive or unlikely performance. We do this to discourage players from pursuing what could be an unhealthy performance goals, and to prevent players from winning tournaments through unnatural means. See individual game rules for disqualification thresholds. If you are disqualified, you will not be entitled to a refund.
Unless specified otherwise, all amounts payable hereunder shall be paid when due in GBP(£), in immediately available funds by credit card, electronic funds transfer from a bank account or charge to a mobile telephone account, in full without set- off, counterclaim or deduction. Any amount not paid when due shall bear a late payment charge until paid at the rate of 1.5% per month or the maximum amount permitted by law, whichever is less. If any payment is past due, BetYourselfBetter (or the Site Affiliate or other third party, as applicable) shall have the right to take whatever action it deems appropriate (including without limitation, suspending or terminating User's ability to access, use and/or benefit from the Service, Product or Transaction). User agrees to reimburse BetYourselfBetter for all reasonable costs (including attorneys' fees) incurred in collecting payments.
f Reservation of Rights.
Reservation of Rights. The Company reserves the right, solely in its discretion, to
i. change any and all content, software and other items used or contained in the Site at any time without notice;
ii. modify and/or discontinue the Site at any time without notice; and
iii. terminate your username, password and account, should you be in violation of the Terms of Use.
11. DISCLAIMER OF ALL WARRANTIES
g. THE SITE AND THE SITE CONTENT ARE PROVIDED ""AS-IS"" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT."
ALL GOODS AND SERVICES PROVIDED ON THE SITE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH THE SITE HAS AUTHORITY TO EXTEND SUCH WARRANTIES.
12 Limitation on Liabilty
a. IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR ANY THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SITE DURING THE TERM OF THIS AGREEMENT AND IN NO CASE WILL EXCEED £1,000. THE COMPANY SHALL BEAR NO LIABILITY FOR ANY AMOUNTS LOST THROUGH A BET MADE ON OR THROUGH THE SITE. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR USE OF THE SITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
13. INDEMNIFICATION
User agrees to (a) defend BetYourselfBetter and its officers, directors, employees, contractors and representatives against any action or suit by a third party that arises out of any Indirect Product or Indirect Transaction (or any other dealings with any other User, Site Affiliate or other third party) in which User is involved, User's use or misuse of any aspect of the Service, or User's breach of any of his or her representations, warranties or covenants under the Terms of Service and (b) indemnify BetYourselfBetter for settlement amounts or damages, liabilities, costs and expenses (including reasonable attorneys' fees) awarded and arising out of such a claim. BetYourselfBetter reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User will assist and cooperate with BetYourselfBetter in asserting any available defense.
14. Communications from BetYourselfBetter.
By playing a BetYourselfBetter game you acknowledge that during the game you will automatically receive certain messages related to the game. We default to opt-in because we believe these game-related messages are fundamental to the experience of playing. You may requst to opt out(or opt back into) messaging at any time through your profiles setting or by emailing info@betyourselfbetter.com. Please see our Privacy Policy for how we protect the private data that you entrust to us.
15. Mandatory Arbitration and Waiver of Class/Multi Party Actions.
PLEASE READ THIS SECTION CAREFULLY. IT PROVIDES FOR THE USE OF BINDING ARBITRATION TO RESOLVE CERTAIN DISPUTES BETWEEN US AND PROVIDES FOR A WAIVER OF CLASS ACTIONS.
You and the Company each waive the right to a trial by jury and to participate in any class/multi party action, in a court or in arbitration, with respect to any claim or dispute covered by this provision. Except as specifically provided below, all disputes, controversies or differences which may arise between the parties hereto out of or in relation to or in connection with this Agreement shall be finally settled by binding arbitration in the in accordance with the consumer procedures and rules of the Arbitration in the UK (England and Wales) and shall not involve any class action in a court or in arbitration. You acknowledge that that you have been advised that you may consult with an attorney in deciding whether to accept these Terms of Use with their obligation to arbitrate and their waiver of class actions and of trial by jury.
This agreement to arbitrate shall not apply, at the option of the Company, to the extent you have in any manner violated or threatened to violate the Company’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights), and the Company may seek injunctive relief in court to prevent unauthorized use of such rights and shall not be required to arbitrate such dispute.
Miscellaneous.
a. Governing Law; Venue and Jurisdiction. By visiting or using the Site, you agree that the laws of United Kingdom (England and Wales), without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts in Delaware, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts in United Kingdom (England and Wales).
b. Definitions and Constructions. Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.
c. No Agency, Etc. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other Member or user of the Website.
d. Survival. Although this Agreement may be terminated by you or us at any time and for any reason, the following provisions of these Terms of Use shall survive any such termination: the introductory provisions; all provisions relating to rights and limitations on rights (except that all rights of users shall terminate on the termination of this Agreement); all disclaimer, limitation on liability, and indemnity provisions; of this Agreement.
16. FEES AND PAYMENTS
Except as expressly provided otherwise in the Terms of Service, BetYourselfBetter and each User is solely responsible for all of its costs and expenses related to the Service (including without limitation, the costs and expenses incurred by User in performing any Game).
At this time, Users may access the Site and use the Service without charge; except, however, Clients that enter into games are obligated by the payment terms required by the Game. In the future, BetYourselfBetter may decide to charge for accessing certain other features of the Service (or to change the price charged for such features), in which case Users will be notified of that change. In that event, should User elect to access or subscribe to such features, User hereby agrees to pay all applicable fees, in the amounts, at the times and subject to the other payment terms described on the Site. Such fees may be specified on a recurring basis (e.g., subscription fees), non-recurring basis (e.g., one-time fees) or episodic basis (e.g., fees due upon occurrence of certain events).
The fee to consummate any Transaction and receive the corresponding Product will be established by BetYourselfBetter (in the case of Direct Transactions, including Game ) or by the Site Affiliate or other third party (in the case of Indirect Transactions). User hereby agrees to pay BetYourselfBetter (or the Site Affiliate or other third party, as applicable) all fees arising out of each Transaction he or she enters into, in the amounts, at the times and subject to the other payment terms specified for such Transaction.
17. PARTICIPATION IN PROMOTIONS
By registering for an account, you agree that the Site may display your user name and tournament records. By accepting any prize from the Site, you agree to allow the Site to print, publish, broadcast and use, worldwide, in any media and at any time, your name and biographical information for promotional purposes without additional compensation.
By registering for a Promotion Code, you agree to provide the email address that you intent to use when registering an account with BetYourselfBetter. Furthermore you agree to allow BetYourselfBetter to send you one weekly email of encouragement, until such time that you use the Promotion Code or the owner of the email that is registered requests to opt out. Where otherwise not stipulated all promo codes expire 30days after issue. In the event of you using a promo code to subsidise all or part of the game fees, BetYourselfBetter will charge your credit card for the amount not covered by the promo code 1st, before awarding you the value of the promo code.
18. USER RULES AND CONDUCT
The Site, Games and all other aspects of the Service are provided to Users only for their personal, non-commercial use. Any unauthorized use of the Service (including without limitation, engaging in any Transaction or accessing any other aspect of the Service for which the User is not authorized, or any commercial use not related to a Transaction, such as, for example, reselling any content, information or Product to third parties) is expressly prohibited. Each Client is solely responsible for all acts or omissions that occur under his or her account, username or password, including Transactions and User Content posted to or transmitted via the Service.
User agrees that he or she shall perform all of his or her payment and other obligations in respect of any Transaction entered into in connection with using the Service (pursuant to any Game).
You, as the holder of your account, are solely responsible for all obligations and (assuming compliance with all other Terms and Conditions of the Site) entitled to all benefits accruing thereto. You may not allow any other person to access your account, access the Site, accept any winnings, or participate in any tournament using your account information. Your account is not transferable to any other person. By registering and/or participating in any tournament offered on the Site, you agree to indemnify, defend, and hold the Site harmless from or for any claims, liability, damages, and/or costs (including attorney fees) arising from any use of your account by any person.
Any player attempting a fraudulent registration, will be disqualified from play, denied prize-winnings, and if warranted, reported to the authorities.
then...
