These Legal Conditions form part of the Terms of Use under which you may use the Website, www.bingo.com, operated by Bingo.com N.V. (the "Website"). We reserve the right to change these Legal Conditions at any time. Any such change will, for a period of at least 4 weeks after their introduction, be highlighted in CAPITALS in these terms. Such changes shall have effect immediately upon publication on this site and you agree to be bound by them and to regularly review these Legal Conditions for the purposes of monitoring such changes. These Legal Conditions were last updated on April 12, 2007.
1 Use of Material
The Company authorizes you to view and download a single copy of the material on this Website solely for your personal, noncommercial use.
The Website is partially funded by the Company selling advertising to its sponsors. Such advertising may consist of banners, pop-ups and similar creatives appearing on the Website as well as emails, either from the Company or its sponsors, targeted at Players (as defined in the Rules) (the "Advertising"). You agree that a pre-condition of your use of the Website is your agreement, confirmed by registering on the Website, that you are willing to view the advertising regardless of the method of delivery.
The contents of this Website, such as text, graphics, photographs, images and other material ("Material"), are protected by copyright under international laws. Bingo.com and other related service marks, service names, slogans, logotypes or logos set forth on our Website are trademarks or service marks of the Company. Any other company, product, trade or service names set forth on our Website are used for identification purposes only and may be trademarks of their respective owners. Unauthorized use of the Material may violate copyright, trademark and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute or otherwise use the Material in any way for any public or commercial purpose.
If you violate any of these Legal Conditions, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.
2 Company's Liability
The Material may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness or timeliness of the Material or about the results to be obtained from the Website or the Material. Use of this Website or the Material is at your own risk. Changes are periodically made to the Website and may be made at any time.
The Company does not warrant that the Website will operate error-free or that the Website and its servers are free of computer viruses or other harmful content. If your use of the Website or the Material results in the need for servicing or replacing equipment or data, the Company is not responsible for those costs.
The Website and Material are provided on an "as is" basis without any warranties of any kind. The Company, to the fullest extent permitted by law, disclaims all warranties, including the warranty of merchantability, non-infringement of third parties' rights, and the warranty of fitness for particular purpose. The Company makes no warranties about the accuracy, reliability, completeness, or timeliness of the Material, services, text, graphics, photographs or links contained in the Website.
3 Disclaimer of Consequential Damages
In no event shall the Company or any third parties mentioned on this Website be liable for any damages whatsoever (including without limitation incidental and consequential damages, lost profits or damages resulting from lost data or business interruption) resulting from the use or inability to use the Website and the Material whether based on warranty, contract, tort or any other legal theory, and whether or not the Company is advised of the possibility of such damages.
4 User Submissions
Subject to specific terms contained in the Privacy Policy, any communication that you post to the Website will not be considered confidential. If particular Website pages permit the submission of communications which will be treated by the Company as confidential, that fact will be stated in the Privacy Policy. By posting communications to the Website, you automatically grant the Company a royalty-free, perpetual, irrevocable nonexclusive universe-wide license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media or technology, whether now known or hereafter developed, and to sublicense such rights.
You are responsible for your own communications and are responsible for the consequences of your posting. You must not do any of the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or any other person or entity; post any sexually-explicit images; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of any of communications posted by other Players or endorse any opinions expressed by Players. You acknowledge that any reliance on material posted by other Players will be at your own risk.
The Company does not screen communications in advance and is not responsible for screening or monitoring material posted by Players. If notified by a Player of communications which allegedly do not conform to these Legal Conditions, or the Terms of Use generally, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to Players for performance or nonperformance of such activities. The Company reserves the right to expel Players and prevent their further access to its Website for violating these Legal Conditions, the Terms of Use generally, or the law and the right to remove communications which are abusive, illegal or disruptive.
5 Tampering or Cheating
You agree that the Company is not responsible for any damage, loss, or injury resulting from tampering, or other unauthorized access or use of the Website or your account. Any attempt by you to gain unauthorized access to the Website's systems or any account, interfere with procedures or performance of the Website or games, or deliberately damage or undermine the Website or games is subject to civil and/or criminal prosecution and will result in immediate termination of your account and forfeiture of any and all prizes to which you may have been otherwise entitled to.
Any attempt to participate in any game offered on the Website by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to the Website or games, will result in civil and/or criminal prosecution, termination of your account, and forfeiture of any and all prizes to which you may have been otherwise entitled to. In addition to the above, you agree that the Company has the complete and unfettered discretion to terminate your account for any reason whatsoever and, without limiting the generality of the foregoing, should it be of the opinion that your participation in the Website, or any games offered therein, is detrimental to the principles under which it operates the Website. You hereby waive any and all recourse against the Company for any such termination.
6 Links to Other Websites
The Website may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party websites. The Company is not responsible for the content of linked third-party websites. If you decide to access linked third-party Websites, you do so at your own risk.
7 Indemnity
You agree to defend, indemnify and hold harmless the Company and its parent and sister companies, and respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of any of the Terms of Use. The Company shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
8 General
This Website is based in Curacao, Netherlands Antilles. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Website, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Legal Conditions are governed by the internal substantive laws of Curacao, Netherlands Antilles, without respect to its conflict of laws principles. If any provision of these Legal Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Legal Conditions, which shall remain in full force and effect. No waiver of any term of these Legal Conditions shall be deemed a further or continuing waiver of such term or any other term. These Legal Conditions and the Terms of Use generally constitute the entire agreement between you and the Company with respect to the use of the Website.