PLEASE READ THE FOLLOWING CAREFULLY BEFORE ACCESSING AND/OR USING ANY PART OF THE BINGO EXCLUSIVES WEBSITE:
Welcome to bingoexclusives.com (the “Site”).
3. Modification. We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective three (3) days following posting of the revised Terms on the Site, and any further use of the Site by you thereafter means that you accept and agree to those changes.
4. Ability to Accept Terms. The Site is only intended for individuals aged eighteen (18) years or older in the United Kingdom. If you are under 18 years please do not visit or use the Site.
5. Site Access. During the period in which these Terms are in effect, we hereby grant you permission to visit and use the Site, provided that you comply with these Terms and applicable law.
6. Intellectual Property Rights.
6.1 Content and Marks. The (i) content on the Site, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Materials”), (ii) and Submissions, as defined below (together with the Materials, the “Content”), and (iii) the trademarks, service marks and logos contained therein (“Marks”), are the property of Broadway and/or its licensors and commercial partners and are protected by applicable trademark, copyright or other intellectual property laws and treaties. The Site, the Site logo, and other marks are Marks of Broadway or its affiliates. All other trademarks,
service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Site and the Content.
6.2 Use of Content. Content on the Site is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, reverse engineered, or otherwise exploited for any other purposes whatsoever (including, without limitation, to create derivative works) without our prior written consent. If you download or print a copy of the Content you must retain all trademark, copyright and other proprietary notices contained therein.
7. Third Party Sources and Content.
7.1 The Site enables you to view, access, link to, and use content from Third Party Sources (defined below) that are not owned or controlled by us (“Third Party Content”). The Site may also enable you to communicate and interact with Third Party Sources. “Third Party Source(s)” means: (i) third party websites and services; and (ii) our commercial partners and customers.
7.3 We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness, safety, or Intellectual Property Rights (defined in section 8.2) of, or relating to, any Third Party Content.
7.4 Although we are always taking measures to ensure otherwise, nevertheless, by using the Site you may be exposed to Third Party Content that is inaccurate, offensive, indecent, or objectionable. You always have the choice of deciding whether or not to interact with a Third Party Source or to view and use Third Party Content. Your interaction with a Third Party Source and your use of, and reliance upon, any Third Party Content is at your sole discretion and risk.
7.5 You are solely responsible and liable for your interaction with a Third Party Source. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Broadway, and release Broadway from any and all liability, arising from your use of and interaction on any Third Party Content and from your interaction with any Third Party Source. If you have any query or complaint regarding a Third Party Source or any Third Party Content, you agree to contact the Third Party Source directly and not Broadway.
8. User Submissions.
8.1 Responsibility. The Site may, from time to time, permit the submission, hosting, sharing and publishing of Content by you and other users (“Submissions”). You understand that whether or not such Submissions are solicited and published, we do not guarantee any confidentiality with respect to any Submissions. When Submissions are accepted you shall be solely responsible for your Submissions and the consequences of posting, publishing or uploading them. We have complete discretion whether to publish your Submissions and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all Content posted on the Site (including Submissions) at any time and for any reason.
8.2 Ownership. You represent and warrant that you own or have the necessary rights and permissions to use and authorise the Site to use all Intellectual Property Rights (defined below) in
and to your Submissions, and to enable inclusion and use thereof as contemplated by the Site and these Terms. Unless the Submissions are separately referred to, all references herein to Content shall include references to Submissions. “Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in and to your Submissions.
8.3 License to Submissions. By submitting the Submissions to Broadway, you hereby grant Broadway a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of display, and perform the Submissions in connection with the Site and Broadway business, including without limitation for redistributing part or all of your Submissions (and derivative works thereof) in any media formats and through any media channels and, and you hereby waive any moral rights in your Submissions, to the extent permitted by law. You also hereby grant each user of the Site or other viewer or user of the Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such Submissions, all in accordance with these Terms.
8.4 Prohibited Content. You agree that you will not display, post, submit, publish, upload or transmit a Submission that: (i) is unfair or deceptive under the laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or are acting under licence from such owner to post, publish, upload, etc; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal activities and products, or relates to illegal gambling; (vi) is in Broadway’s sole discretion, unlawful, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; (vii) involves crime or promotes terrorism; or (viii) is otherwise malicious or fraudulent.
8.5 Exposure. You understand and acknowledge that when accessing and using the Site: (i) you may be exposed to Submissions from a variety of sources, and that Broadway is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such Submissions; and (ii) you may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable. You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Broadway with respect to (i) and (ii) hereinabove.
8.6 Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
8.7 Disclosure. We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Site, and your use thereof, as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce the Site Terms, including to investigate potential violations of them, (iii) detect, prevent, or
otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Broadway, its staff, its users or the public.
9.2 We permit you to link to the Site provided that: (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with Broadway or present any false information about Broadway and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website that contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (v) you, and your website, comply with these Terms and applicable law.
11. Warranty Disclaimers. We will exercise professional diligence in providing Third Party Content and related services to you and in keeping a safe, secure and error-free environment. Provided that we have acted with professional diligence, we do not accept responsibility for losses not caused by our breach of these Terms or otherwise by our acts; losses that are not reasonably foreseeable by you and us at the time of entering into these Terms; and events beyond our reasonable control.
Nothing in these Terms is intended to exclude or limit our liability for death, personal injury or fraudulent misrepresentation caused by our negligence, or to affect your statutory rights.
12. Limitation of Liability.
12.1 Under no circumstances, including, but not limited to, negligence, shall we be liable to you or any other person or entity for any direct, indirect, incidental, special or consequential damages including, without limitation, personal injury, and property damage of any nature whatsoever, that result from (A) the use of, or inability to use, the Site or Content or Materials or functions on the Site, or (b) the conduct or actions, whether online or offline of any user of the Site or any other person or entity, even if we have been advised of the possibility of such damages. In not event shall our total liability to you for all damages, losses and causes of action, whether in contract, tort (including, but not limited to, negligence) or otherwise exceed the amount paid by you, if any amount, or £100 GBP, whichever is lower, for accessing or participating in any activity related to the Site. For avoidance of doubt, the foregoing limitation on liability shall not apply in the event of fraud, gross negligence or wilful misconduct on our part.
12.2 You further acknowledge and agree that neither we nor our commercial partners, licensors and/or licensees, nor any of the service providers found from time to time on the Site, are responsible or liable for (A) any incompatibility between the Sites and any website, service, software or hardware or (B) any delays or failures you may experience with any transmissions or transactions relating to the Site in an accurate or timely manner.
12.3 In all instances, the limitations, exclusions and disclaimers in this section and elsewhere in these Terms and Conditions apply to the maximum extent permitted by applicable law.
13. Indemnity. You agree to defend, indemnify and hold harmless Broadway and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Site; (ii) your Submissions; (iii) your interaction with any Site user; or (iv) your violation of these Terms.
14. Restrictions. You shall not: (i) copy, distribute or modify any part of the Site without our prior written authorisation; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorised herein; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Site; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site.
15. Term and Termination. These Terms are effective until terminated by Broadway or you. Broadway, in its sole discretion, has the right to terminate these Terms and/or your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). Broadway shall not be liable to you or any third party for termination of use of the Site, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Site. This Section 15 and Sections 6(Intellectual Property Rights), 7.3 (License to User Submissions), 10(Privacy), 11(Warranty Disclaimers), 12(Limitation of Liability), 13(Indemnity), and 16(Independent Contractors) through 19(Jurisdiction, Choice of Law/Limitations Period) shall survive termination of these Terms.
16. Independent Contractors. You and Broadway are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Broadway. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Broadway.
17. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Broadway without restriction or notification to you.
18. General and Force Majeure. Broadway reserves the right to discontinue or modify any aspect of the Site at any time. Under no circumstances shall we, our licensors, licensees, commercial partners or any service providers be held liable for any delay or failure in performance resulting directly or indirectly from an act of force majeure or cause beyond our or their reasonable control including, without limitation, equipment and technical failures, electrical power failures or fluctuations, strikes, labour disputes, riots civil disturbances, shortages are labour or materials,
natural disasters, acts of God, acts of terrorism, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or any reason beyond the reasonable control or ourselves or our licensors, licensees, commercial partners or any service providers.
19. Jurisdiction and Choice of Law/Limitations Period.
19.1 These Terms and the relationship between you and Broadway shall be governed by and construed in accordance with the laws of England and Wales, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in London and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that Broadway may seek injunctive relief in any court of competent jurisdiction. These Terms shall constitute the entire agreement between you and Broadway concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
19. 2 You agree that any cause of action that you may have arising out of or related to the Site must commence in a court of appropriate jurisdiction (per these Terms) within one (1) year after the cause of action accrues. Otherwise, such cause of action shall be permanently barred.