END USER LICENSE AGREEMENT
This end user license agreement (the “Agreement”) should be read by you (the “User” or “you”) in its entirety prior to your use of site www.BETBOOM.com (hereinafter referred to as "BETBOOM"). Please note that the Agreement constitutes a legally binding agreement between you and BETBOOM, reg.number 136034, with its registered office at Wilhelminalaan 13, E-Commerce Park Vredenberg, Curacao. Licence number - 8048/JAZ2015-022
GRANT OF LICENSE/INTELLECTUAL PROPERTY
- Subject to the terms and conditions contained herein BETBOOM grants the User a non-exclusive, personal, non-transferable right to access the BETBOOM servers and play computer Games for money (the “Games”) available (the Software and Games together being the “Service”).
- The Software is licensed to you by BETBOOM NV for your private personal use. Please note that the Service is not for use by individuals under 18 years of age, individuals under the legal age of majority in their jurisdiction and individuals connecting to the Site from jurisdictions from which it is illegal to do so. BETBOOM is not able to verify the legality of the Service in each jurisdiction and it is the User's responsibility to ensure that their use of the Service is lawful.
- We reserve the right at any time to request from you evidence of age in order to ensure that minors are not using the Service. We further reserve the right to suspend or cancel your account and exclude you (temporarily or permanently) from using the Service if satisfactory proof of age is not provided or if we suspect that you are underage.
- BETBOOM NV, its Group companies and its licensors are the sole holders of all rights in the Software
and the Software's code, structure and organisation, including copyright, trade secrets,
intellectual property and other rights. You may not, within the limits prescribed by applicable
- copy, distribute, publish, reverse engineer, disassemble, modify, or translate the Software or make any attempt to access the source code to create derivate works of the source code of the Software, or otherwise;
- sell, assign, sublicense, transfer, distribute or lease the Software;
- make the Software available to any third party through a computer network or otherwise;
- use the Software in a manner prohibited by applicable laws or regulations, (each of the above is an “Unauthorised Use”).
- The terms “BETBOOM”, the domain name “BETBOOM.com” and any other trade marks, service marks, signs, trade names used by BETBOOM on the Site from time to time (the “Trade Marks”), are the trade marks, service marks, signs, trade names and/or domain names of BETBOOM and/or its Group companies and/or its licensors, and these entities reserve all rights to such Trade Marks. In addition, all content on the Site, including, but not limited to, the Software, images, pictures, graphics, photographs, animations, videos, music, audio and text (the “Site Content”) belongs to BETBOOM and/or its Group companies and/or its licensors and is protected by copyright and/or other intellectual property or other rights. You hereby acknowledge that by using the Service and the Site you obtain no rights in the Site Content and/or the Trade Marks, or any part thereof. Under no circumstances may you use the Site Content and/or the Trade Marks without BETBOOM prior written consent.
- To check the correctness of the information provided by the player, the Site administration has the right to request identification documents (passport, ID or other identity document). In case when user applies bank cards for the payment procedure or wants to withdraw money given with a prepayment SMS, this procedure is mandatory for him. If there is a need to confirm the information in the registration cards to the players, to ensure the security deposit and reduce the risk of money transfer, the Site Administration may request a passport, ID and other documents for identification
- BETBOOM a disclaims any and all warranties, expressed or implied, in connection with the Service which is provided to you “AS IS” and we provide you with no warranty or representation whatsoever regarding its quality, fitness for purpose, completeness or accuracy.
- Regardless of our efforts to provide you with service of the highest quality, safety and security, we make no warranty that the Service will be uninterrupted, timely or error-free, that defects will be corrected or that the Software and the Site shall be free from viruses, bugs or other contaminants.
- BETBOOM reserves the right to suspend, discontinue, modify, remove or add to the Service in its absolute discretion with immediate effect and without an obligation to provide you with notice where we consider it necessary to do so, including (for example) where we receive information that you have entered into any self-exclusion agreement with any gambling provider or where we deem it necessary for the management, maintenance or update of the Software and we shall not be liable in any way whatsoever for any loss suffered as a consequence of any decision made by BETBOOM in this regard.
- BETBOOM retains authority over the issuing, maintenance, and closing of Users' accounts on the Site. The decision of BETBOOM's management, as regards any aspect of a User's account, use of the Service, or dispute resolution, is final and shall not be open to review or appeal.
YOUR REPRESENTATIONS AND WARRANTIES
Prior to your use of the Service and on an ongoing basis you represent, warrant, covenant and agree that:
- there is a risk of losing money when using the Service and that BETBOOM has no responsibility to you for any such loss;
- BETBOOM is not a financial institution and no interests will accrue on monies deposited with BETBOOM;
- your use of the Service is at your sole option, discretion and risk;
- you will need to provide us with certain personal details about yourself (including details regarding your methods of payment).
- you are solely responsible for any applicable taxes which may be payable on cash or prizes awarded to you through your use of the Service;
- BETBOOM does not provide advice to Users regarding tax and/or legal matters. Users who wish to obtain advice regarding tax and legal matters are advised to contact appropriate advisors and/or authorities in the jurisdiction in which they are domiciled and/or resident;
- the telecommunications networks and Internet access services required for you to access and use the Service are entirely beyond the control of BETBOOM and BETBOOM shall have no liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same;
- you are aged 18 or over and that you are not currently self-excluded from any online or mobile gambling site and that you will inform us immediately if you enter into a self-exclusion agreement with any gambling provider.
- Web server MODIFICATIONS. User may not attempt to modify, disassemble the Web server in any way.
- PERSONAL USE. The Service is intended solely for the User's personal use. The User is only allowed to wager for his/her personal entertainment. Under no circumstances shall a User be permitted to use his/her “real money account” with BETBOOM for any purpose other than for using the Service. The User must provide full and truthful information in respect of all details and information provided by the User to BETBOOM and the User is obligated to update such details in the event of any change thereto.
- Collusion between Users by sharing any restricted information or by any other methods is strictly forbidden. BETBOOM reserves the right, in addition to other measures, to restrict seating and/or to prohibit Users from playing for a particular team or in a tournament, including restricting two or more Users from playing together in a team or in the same tournament. In addition, BETBOOM reserves the right to consider any collusion or attempt at collusion between players (including Users) as a material breach of this Agreement and accordingly BETBOOM shall have the right to terminate a User's account if a User engages or attempts to engage in any such activity, regardless of the outcome of such attempt.
- EXTERNAL PLAYER ASSISTANCE PROGRAMS BETBOOM prohibits those External Player Assistance Programs (”EPA Programs”) which are designed to provide an “Unfair Advantage” to players. BETBOOM defines “External” to mean computer software (other than the Software), and non-software-based databases or profiles (e.g. web sites and subscription services). BETBOOM defines an “Unfair Advantage” as any instance in which a User accesses or compiles information on other players beyond that which the User has personally observed through the User's own game play.
- AUTOMATIC PLAYERS (BOTS). The use of artificial intelligence including, without limitation, “robots” is strictly forbidden in connection with the Service. All actions taken in relation to the Service by a User must be executed personally by players through the user interface accessible by use of the Software.
- You agree that BETBOOM may take steps to detect and prevent the use of prohibited EPA Programs. These steps may include, but are not limited to, examination of software programs running concurrently with the BETBOOM Software on the User's computer. You agree that you will not attempt to bypass, interfere with, or block such steps, including, without limitation, the use of third party software that bypasses, interferes with, or blocks such steps.
- RESET STATISTIC. Reset statistic occurs when any User intentionally creates a new account in order to deliberately reset his/her statistic. Any User who participates or attempts to participate in statistic dumping while using the Service may be permanently banned from using the Service and their account may be terminated immediately. In such circumstances BETBOOM will be under no obligation to refund to you any monies that may be in your BETBOOM account at such time.
- FRAUDULENT BEHAVIOR. In the event that BETBOOM deems that a User has engaged or attempted to engage
in fraudulent, unlawful, dishonest or improper activity while using the Service, including without
limitation, engaging in any of the activities or any other game manipulation, or the making of any
fraudulent payment, including without limitation, use of a stolen credit card or fraudulent
chargeback or money laundering, BETBOOM shall be entitled to take such action as it sees fit,
- immediately blocking a User's access to the Service;
- terminating a User's account with BETBOOM;
- seizing the funds within a User's account;
- disclosing such information (including the identity of the User) to financial institutions, relevant authorities and/or any person or entity that has the legal right to such information; and/or
- taking legal action against a User.
- The minimum possible amount of deposit is 1 rouble, the maximum amount is not limited
For cash balance user needs to apply for the payment of funds use your personal account, specifying the amount of payment and form of payment. Payment will be made on the website BETBOOM.com within 48 hours, if necessary, the payment can be made up to 60 days.
- The policy and criteria for a User to effect a cashout from his/her User account can be found in our Cashout Policy. BETBOOM reserves the right to use additional eligibility criteria to determine the cashout options Users may be offered at any given time.
- In the event of a technical failure on our part to return the money to the user automatically , immediately after the cancellation of the game. If the problem is more global money is credited to the user within 48 hours.
- Refund to the user only in the case if the problem occurred on the server side, from our side, the return is carried out automatically after the game is closed. If the problem occurred on the user side (bad internet connection, power outages, etc..) Is not returned.
- All payments are made by the same methods as the recharge: bank cards (VISA/MC/Maestro), mobile operators and e-wallets.
- Payments are made without the full amount of the commission, all the commissions takes over the site BETBOOM.com
- Win sum from single bet can not be more than 5 000 000 roubles (or it's equialent in another currencies which is calculated from Central Bank exchange rate on the day of the bet)
OFFENSIVE LANGUAGE OR CONTENT
- The User is prohibited from posting any unlawful, indecent, racist, obscene, libelous, defamatory or threatening material or any material that would violate any law or generally be considered to be offensive, via the Service whether using the chat function, the player images option or in correspondence with BETBOOM staff.
Without prejudice to any other rights, if a User breaches in whole or in part any provision
contained herein, including, without limitation, if any of the following occurs:
a. User has more than one active account;
b. you provide incorrect or misleading information to BETBOOM when registering for the Service;
c. you are not of legal age to use the Service;
d. you reside in a jurisdiction where using the Service is prohibited by law;
e. you have allowed or permitted (intentionally or unintentionally) someone else to play using your BETBOOM account;
f. you have made chargebacks, and/or denied or reversed any payment made by you in respect of the Service;
g. you have cheated when using the Service including having breached any provision of Clause 5;
h. you use the Website, the Service or your BETBOOM account in bad faith;
i. you breach Clause 7 by making statements that are sexually explicit or offensive in the chat facility, including expressions of bigotry, racism, hatred or profanity.
BETBOOM or any other company within the Group reserves the right, in its unfettered discretion, to take such action as it sees fit, including terminating this Agreement or any other agreement in place with the User, immediately blocking the User’s access to the Service or to any other service offered by the Group, terminating such User's account on the Site or on any other site operated by the Group, seizing all monies held in the User’s account on the Website or on any other site operated by the Group and/or taking legal action against such User.
You agree to fully indemnify, defend and hold harmless BETBOOM, the Group and its shareholders,
directors and employees 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 of:
a. your breach of this Agreement, in whole or in part;
b. violation by you of any law or any third party rights; and
c. use by you of the Service or use by any other person accessing the Service using your Login data (as defined below) , whether or not with your authorization.
- Without prejudice to any other rights, if a User breaches in whole or in part any provision contained herein, including, without limitation, if any of the following occurs:
LIMITATION OF LIABILITY.
- Under no circumstances, including negligence, shall BETBOOM or any other member of the Group be liable for any special, incidental, direct, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of the Service even if BETBOOM had prior knowledge of the possibility of such damages.
SECURITY AND YOUR ACCOUNT
- a User may only have one User account with BETBOOM and shall only use the Service using such single account. It is prohibited for a User to open multiple accounts with BETBOOM. In the event that BETBOOM becomes aware of additional accounts opened by a User, BETBOOM may close such additional accounts without notice and may confiscate funds held in such accounts.
- each User account shall be accessible through the use of a combination of a unique User ID (”User ID”), a unique and secret password (”Password”), and other optional numeric authentication methods that the User may select (the User ID, Password and any other authentication features together being referred to as the “Login Data”). The User is obligated to choose his/her own User ID and Password in accordance with the rules relating thereto.
- the User agrees that he/she is solely responsible for all use of the Service under his/her Login Data and that he/she shall not disclose the Login Data to any person whatsoever nor permit another person to use the Service via his/her User account.
- the User is obliged to keep his/her Login Data secret and confidential at all times and to take all efforts to protect their secrecy and confidentiality. Any unauthorized use of the Login Data shall be the sole responsibility of the User and be deemed as his/her use. Any liability arising in this regard shall be that of the User.
- you will not be able to place any bets using the Service in an amount greater than the total amount of money in your User account.
- you are fully responsible for paying all monies owed to BETBOOM. You agree not to make any chargebacks, and/or deny or reverse any payment made by you in respect of the Service. You will reimburse BETBOOM for any chargebacks, denial or reversal of payments you make and any loss suffered by us as a consequence.
- BETBOOM reserves the right to run credit and/or identity checks on a User, with third party credit reference agencies or services, using the information provided to us by a User on registration with the Service. The third party credit reference agencies or services may retain a record of the information but they will not use the information for any other purpose.
- BETBOOM reserves 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.
- you acknowledge and agree that if monies deposited by you in your BETBOOM User account are held in a trust account on your behalf.
- BETBOOM reserves the right to close a User’s account for any reason whatsoever at any time without notice to such User.
- BETBOOM may close a User’s account in accordance with Clause 8.1.
- users are strictly prohibited from utilising the Service to facilitate any type of illegal 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. If BETBOOM has 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 will be terminated immediately and/or your User account blocked. If your User account is terminated or blocked in such circumstances, BETBOOM is under no obligation to refund to you any funds that may be standing to the credit of your User account at such time. In addition BETBOOM shall be entitled to inform You and relevant authorities, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions of your identity and of any suspected unlawful, fraudulent or improper activity. BETBOOM will cooperate fully with mentioned above authorities to investigate any such activity.
- the User accepts that the historical data of each game shall be as recorded on the BETBOOM servers. In the event of a discrepancy between the games results on your computer and the game records on the BETBOOM server the latter shall prevail.
- BETBOOM reserves the right to update or modify this Agreement or any part thereof at any time without notice and you will be bound by such amended Agreement within 14 days of it being posted at the Website. Therefore, we encourage you to visit the Website regularly and check the terms and conditions contained in the version of the Agreement in force at such time. Your continued use of the Website shall be deemed to attest to your agreement to any amendments to the Agreement. 13. Severability 13.1 If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.
- If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.
ASSIGNEMENT OF RIGHTS
- BETBOOM reserves the right to assign this agreement, in whole or in part, at any time without notice. The User may not assign any of his/her rights or obligations under this Agreement.
- No waiver by BETBOOM of any breach of any provision of this Agreement (including the failure of BETBOOM to require strict and literal performance of or compliance with any provision of this Agreement) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of this Agreement.
- Nothing in this Agreement shall create or confer any rights or other benefits in favour of any third parties not party to this Agreement except in favour of any company within the Group and any Third Party Provider.
- Nothing in this Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and us.
- This Agreement constitutes the entire understanding and agreement between you and us regarding the Service and supersedes any prior agreement and arrangement between you and us.
- Countries from which it is impossible to use BETBOOM.COM - USA, Canada, Japan and Europe.
All the services described on the site are available only through the website www.BETBOOM.com