Terms and Conditions
The Service is provided by CL Services N.V., a limited liability company registered in Curaçao. Our registered address is E-Commerce Park, Vredenberg, Curaçao, and our contact and correspondence address is:
CL Services N.V.
30 Old Broad Street
The company does not accept bets, but provides members with a facility for the placing of bets with each other online. In return for this service, we take a commission from each member's net profit on each winning bet, which is deducted directly from the member accounts. The company also allows the members to use its platform to socialize with other members by creating member profiles, adding comments, blogs, images, questions and answers.
The Company trades as Bettor.com. 'Bettor.com' and the Bettor.com logo are registered trademarks of CL Services NV. The Company is licenced, authorised and regulated by the Government of Curaçao. Within these Terms and Conditions references to 'we', 'us', 'our' and any similar expression shall be to include the Company CL Services NV. This Agreement is entered into between the company and its members.
In accordance with the Terms and Conditions, all member funds are held on trust, in a ring fenced account separate from company funds, protecting them in the event of insolvency. The name of the account is CL Services NV client account which is held with Lloyds Bank.
Before you may access or use the site and/or any of the Bettor.com services, you must read and agree to all of the terms and conditions of this Agreement, including any and all terms and conditions contained in agreements referenced to or linked herein. Please read this Agreement carefully as you are only authorized to access or use the site and/or the Bettor.com services (regardless of whether your access or use is intentional) if you agree to abide by this Agreement. If you do not wish to accept the terms and conditions of this Agreement, please exit the site immediately and discontinue your use of the Bettor.com services, if any. You hereby agree that your electronic acceptance of this Agreement has the same force and effect as if you had agreed to it in writing. Nevertheless, we suggest that you save or print a copy of this Agreement for your records before accessing or using the site and/or any of the Bettor.com services.
• Upon making any significant changes to these Terms and Conditions, Bettor.com will take appropriate steps to bring such changes to its members' attention. E.g. By placing a notice of such change on the website. Bettor.com, at its sole discretion, may also email customers of any changes to the Terms and Conditions.
Your Representations• You are 18 years of age or over, capable of taking responsibility for your own actions and are of sound mind.
• You are legally permitted to place an online wager from the jurisdiction you are in at the time the wager was placed.
• You understand that it is your responsibility to verify that it is legal in your jurisdiction to use this service.
• You understand that it is your responsibility to ensure that it is legal for you to use this service in accordance with the relevant jurisdiction.
• You can enter into a legally binding agreement with the Company.
• If you send money to the Company via a debit card or credit card, you are the authorized user of the card.
• At any time in the past, you have never failed to pay, or attempted to fail to pay a liability on a bet placed by either a credit card or a debit card.
• You have not and never have been declared bankrupt or in a voluntary arrangement with your creditors in any country in the world.
• Unless you notified the Company to the contrary when registering your account, you are not a licensed bookmaker as defined by Section 55(1) of the Betting, Gaming and Lotteries Act 1963. If you are a bookmaker but do not hold a UK Bookmaker's Permit, you are not allowed to use this service in the course of your bookmaking business. It is your responsibility to seek the appropriate legal advice to determine whether or not your activities should be treated as that of a bookmaker.
• You are acting as principal and not on behalf of another party.
• By placing bets against other members, you understand that you may lose some or all of your money lodged with the Company and accept that you are fully responsible for any loss.
• You are solely responsible for all activity on your account including third party access to your account, regardless of whether or not their access was authorized by you. You therefore indemnify Bettor.com and do not hold Bettor.com responsible for any costs, claims, expenses and damages arising in connection with the use of or access to your account by any third party.
• You will not attempt to use this service to deliberately transfer money from one Bettor.com account to another by attempting to match bets with another member through collusion.
• You will use our services for legitimate betting purposes only; i.e. you will not attempt to manipulate any Bettor.com market in bad faith or in a manner that adversely affects the integrity of the company.
• When placing bets with Bettor.com you will not use any information obtained in breach of any legislation in force in the UK or the jurisdiction in which you were when the bet was placed and you understand that it your responsibility to check whether such legislation applies to your bet.
• You will make sure that your registered nickname is not offensive.
• When depositing money you agree that you are authorised to do so. You are making such payments in good faith and will not attempt to reverse a payment made or take any action which will cause such payment to be reversed by a third party, in order to avoid a liability legitimately incurred.
• You agree to act in good faith in relation to the counterparties at all times and for all bets struck through the exchange and such counterparties will be able to enforce this duty directly against you.
Registration• The Company reserves the right, at its sole discretion, to refuse to accept a registration from any applicant, and the Company is not obliged to give a reason for doing so.
• Before using the service, you must complete the registration form and agree to the Terms and Conditions. In order to start betting on Bettor.com, we will require you to become a verified member in accordance with our Member Verification Policy that includes passing certain checks. Additionally, you will need to fund your Bettor.com account.
• You agree that your registration information is accurate, which includes your date of birth.
• You will provide complete and accurate information about yourself, and update such information in the future to keep it complete and accurate. Bettor.com reserves the right to immediately terminate your Bettor.com account upon written notice to you to this effect if you intentionally provide false or inaccurate personal information, as well as the right to pursue legal action against you for so doing if warranted under the circumstances;
• Each individual is only allowed to register one account with Bettor.com. Bettor.com reserves the right to close your accounts if it is found that you have multiple accounts registered with us. This includes the use of representatives and or third parties operating on your behalf. You also agree to not operate your account on behalf of a third party.
• You agree to not have representatives or third parties registering or operating an account(s) with Bettor.com on your behalf.
• If you decide to transfer funds to the Company via a credit card or debit card, you must give the Company all relevant information such as billing address, exact name on card, card number and expiry date. This information is securely encrypted and stored on the Company's servers. In addition information MUST be provided in accordance with our Member Verification Policy.
• In order to ensure your credit worthiness and to confirm your identity, we reserve the right to use any third party information providers we consider necessary.
• You agree to keep password confidential and that you are responsible for any misuse of the password. Provided that the account information requested has been correctly supplied, we are entitled to assume that orders and payments have been made by you. We advise you to change your password on a regular basis and never disclose it to any third party. Passwords must contain at least 1 letter and 1 number, are case sensitive and must be at least six characters long. It is your responsibility to protect your password and any failure to do so shall be at your sole risk and expense.
You will not access or use the site and/or any of the Bettor.com services using a user name that is, contains or is substantially similar to, a trademark or service mark, or that incorporates words that are defamatory, vulgar, obscene, libellous, hateful, or racially or ethnically or otherwise objectionable. You may not use a misspelling or an alternative spelling to circumvent the foregoing restrictions;• You will exit out of Bettor.com at the end of each session. If you believe any of your account information is being misused by a third party, or your password has been discovered by a third party, you agree to immediately notify the Company by email or phone. The Company will immediately suspend your account once we are aware of such incident.
You will not at any time transmit any content or other information appearing on the site and/or in connection with the Bettor.com services to another user or any other third party by way of a screen capture (or other similar method), nor will you display any such information or content in a frame or in any other manner that is different from how it would appear if such user or third party had typed the URL for the site into the browser line;• When registering, you will be required to choose the currency in which you will operate your account. This will be the currency of your deposits, withdrawals and bets placed and matched into the exchange.
The site and/or the Bettor.com services are for the personal use of Bettor.com members only, and may not be used in connection with any commercial endeavours except those that are specifically endorsed or authorized by Bettor.com in advance and in writing. Illegal and/or unauthorized access to or use of the site and/or the Bettor.com services, including, without limitation, the collection of nicknames and/or e-mail addresses of Bettor.com members by electronic or other means (for example, by the sending spam, other types of unsolicited e-mails or the unauthorized framing of, or linking to, the site) for commercial or any other purpose whatsoever is strictly prohibited. Accordingly, commercial advertisements, affiliate links, and other forms of solicitation may be removed from Bettor.com member profiles without notice and may result in termination of a user's Bettor.com membership privileges. LEGAL ACTION MAY BE TAKEN BY Bettor.com AGAINST A USER FOR ANY ILLEGAL OR UNAUTHORIZED USE OF THE SITE AND/OR THE Bettor.com SERVICES.
• On registration your information is stored in our database. This means that your personal information may be transferred outside the European Economic Area (EEA) to jurisdictions that may not provide the same level of protection and security procedures as the UK
• The Company will not reveal the identity of any person who places bets using the Bettor.com website unless the information is requested by applicable government, regulatory or enforcement agencies.
Account• The Company accepts accounts in Pounds Sterling, Euros and US Dollars.
• The Company does not give credit for use of the service.
• The Company may, at its sole discretion, close or suspend an account and refund any monies held. The Company has no obligation to reveal any reason for doing so and does not need to give prior notice.
• To place or accept an offer into the exchange, you must have sufficient funds to cover the potential liability of the offer. If you do not have enough funds to cover the liability, the offer will not get placed into the exchange. If, for any reason, an offer is placed or accepted into the exchange when there are not enough funds in your account to cover the potential liability, you will still be fully liable for any future liability accrued.
• If the Company chooses to close or suspend your account, the Company, at its sole discretion, reserves the right to cancel any of your unmatched bets and void any of your matched bets. If you have a matched bet with another Bettor.com member whose account has been closed or suspended by the Company, you consent to our right to void any such matched bets.
• Any amount that has been mistakenly credited to your account remains the property of the Company and when the Company has noticed such mistake, the amount will be withdrawn from your account. If the Company discovers the mistake, we will notify you of the mistake.
• If, for any reason, your account goes overdrawn, you agree that you are in debt to the Company for the amount overdrawn.
Deposit of Funds• You may deposit funds into your account by debit or credit card, direct bank transfer, money order, bank draft, cheque or via NETeller. All deposits should be made in the same currency as your Bettor.com account.
• Any deposits made in a currency other than the same as your Bettor.com account will be converted by the company using our Banks prevailing rate of exchange and your account will be deposited accordingly.
• The Company accepts credit card payments by Visa and Mastercard only.
• There is no charge to deposit by UK debit card, cheque, money order, bank draft, direct bank transfer or bank wire transfer. There is a charge for deposits by credit card, non UK debit cards and NETeller. The company will post such charges on its website and the company may change its charges from time to time and the company will notify you of such change by posting a notice on the Company's website.
• You are responsible for your own bank charges that you may incur due to depositing funds with the Company.
• If you deposit funds by either a credit card or a debit card, your account will only be credited if the Company receives an approval and authorization code. If your card's issuer gives no such authorization, your account will not be credited with those funds.
• Your funds are deposited and held in the respective client account based on the currency of your account.
• You will not be entitled to any interest on any outstanding account balances. You agree that any interest accrued on the client accounts will be paid to the Company.
Withdrawal of funds• You may withdraw any or all of your Account Balance as shown on our website.
• All withdrawals will be made in the currency of your account.
There is no charge for withdrawals by UK debit card, cheque or three day direct bank transfer. There is a charge for withdrawals by credit card, non UK debit cards and NETeller. The company will post such charges on its website and the company may change its charges from time to time and then will notify you of such change by posting a notice on the Company's website.• All withdrawals must be made to an account held in the same name as the account held with the Company. Cheques will only be made out to the name of the account holder with the Company.
Exposure• Your Account Balance refers to the amount in your account that has not been used for matched or unmatched bets.
• In order for your bet to be placed, you must have enough funds in your account to cover your potential losses. If you do not have sufficient funds in your account to cover your potential losses, your bet will not get placed into the exchange.
• Your account balance is held for your use until such time as you place a bet in the exchange at which point the amount you staked will be held by the Company as stakeholder pending the confirmation of the result of the bet.
• When administering your account, the Company will calculate the amount of money owed by you to the Company, by way of commission, and to persons to whom you have lost bets.
• Bettor.com calculates the amount of money you have staked on current matched and unmatched bets in the exchange and this represents your "Current Exposure".
• The Company's calculations of your "Account Balance", "Current Exposure", and amounts owed by you under the terms of this Agreement are final and, in the absence of any manifest error, will not be subject to any enquiry or investigation.
• Once a bet placed by you into the exchange has been matched, you will not be able to cancel such a bet and you agree that the instructions that you gave to the Company to act as stakeholder for the bet and to credit the winner of the bet (less commission) is irrevocable.
Winnings• Following confirmation of the result, any winnings will be held for use in your Bettor.com account.
• Any amount mistakenly credited to your Bettor.com account as winnings remains the property of the Company and will be transferred out of your Bettor.com account immediately after the Company notices the mistake. Any amount mistakenly credited to your Bettor.com account as winnings that are withdrawn by you will constitute a debt owed by you to the Company for that amount.
Offer of Bets• Any offer of a bet placed by you into the exchange is in reference to a particular event and will contain the odds of the bet, whether you are backing or laying the selection, the name of the selection and the maximum amount that you are willing to bet.
• You agree to appoint the Company as your agent in offering and accepting bets.
• You understand that you will be betting against other registered users of Bettor.com anonymously. The Company reserves the right to act as a registered user of Bettor.com
• When you offer bets into the exchange, any Bettor.com member may accept your bet provided they adhere to the Terms and Conditions.
• You may offer bets in a particular market up to your "Account Balance" or your "Exposure Limit", whichever is less.
• Any offer to bet remains in the system and is available to be accepted until cancelled either by the member or by Bettor.com in accordance with the Company's cancellation procedures.
• You agree that your offer to bet is only valid if it is made in accordance with the Company's Terms and Conditions.
• The Company, at its sole discretion, may refuse to post an offer into the exchange without giving a reason for doing so and without prior notice.
• The Company, at its sole discretion, may cancel an offer by you without giving a reason for doing so and without prior notice.
• Members are solely responsible for the offers they place into the system and the Company will not investigate the rationale of placing any offer at a certain odds or price.
• Once your offer is accepted, you cannot change the terms of the offer.
• The Company, at its sole discretion, will determine when our website is open for posting of offers on any particular event.
• The Company, at its sole discretion may, temporarily, close the website at any time.
Acceptance of Bets• Any acceptance of a bet placed by you into the exchange is in reference to a particular event and will contain the odds of the bet, whether you are backing or laying the selection, the name of the selection and the maximum amount that you are willing to stake.
• You understand that a placed bet only becomes matched after the relevant confirmation process is executed by you and that during the time interval between placing a bet and confirmation, the bet could be partly or wholly matched by another member or the offer could be cancelled by the member who was offering the bet.
• You will be able to monitor your matched and unmatched bets by using the website.
• Once a bet is matched, it cannot be cancelled or modified, under any circumstances, by either party to the bet.
• Any bet could be matched at a better price than the one which you selected when confirming your bet, but never a worse price. If there is a better price available in the system then the price you selected when confirming your bet, your bet will be matched or partly matched at the better price.
• When accepting an offer you are betting with other registered users of Bettor.com
• The Company, at its sole discretion, will determine when our website is open for the accepting of bets on any particular event.
Cancellation of a bet offer• Any bet offer may be cancelled at any time prior to the offer being matched. If part of the offer has been matched, the remaining unmatched portion of the bet offer may be cancelled at any time.
• If you attempt to cancel an outstanding offer for a bet, you may not be able to do so if members have partially or wholly accepted your offer before the Company processes your cancellation instructions.
• When the market is closed by Bettor.com, all unmatched bets are automatically cancelled.
Terms applicable to all bets• Depending on the currency of your Bettor.com Account, the minimum stake is 1 Pound, 2 US Dollars and 2 Euros.
• Once an offer for a bet has been matched, the Company will hold all bet stakes. You cannot withdraw any sums of money that are committed to matched bets and all matched bets are irrevocable.
• You cannot place a bet that will result in your current exposure exceeding the lesser of your "Available Balance" or "Exposure limit".
• If the Company processes a matched bet outside the applicable limits, such a bet still stands and will be subject to the Terms and Conditions.
• You acknowledge that all bets placed into the exchange by you are negotiated fixed odds bets.
• You agree that you are aware that you may lose money from bets placed into the exchange. If you are in any doubt about how to place bets using the website, you should refer to our website.
• You accept that any amounts lost by you while using our website are not recoverable, under any circumstance, from either the Company or other registered users of Bettor.com.
• The Company will operate your account, calculate the amount of money you have staked or offered to stake on a bet, calculate your exposure on a particular market, and calculate your "Account Balance". Once the Company receives confirmation of the result of the bet(s), all matched bets will be settled. The net profits (less commission) or losses will be calculated by Bettor.com and any returns will be credited into the relevant accounts.
• To ensure integrity and fairness is maintained within the markets that we provide the company may, at its sole discretion, decide to suspend betting on a market earlier than anticipated by its Rules and Regulations and/or void some or all bets within that market.
• Markets will be settled in accordance with our 'Rules and Regulations'. In the event of a market being settled incorrectly we reserve the right to reverse or amend settlement which could lead to amendments being made to your account balance to reflect changes in the market settlement. If there are insufficient funds in your account we may require that you put funds into your account to address the outstanding balance.
• Any amount of winnings or losses to your bets will be rounded up to the nearest two decimal places. If the amount ends in 0.5 it will be rounded up.
• It is solely your responsibility to account for any tax or duty imposed on you as a result of placing bets into the exchange.
Communications and Notices• Communications and notices to be given under this Agreement (other than information exchanges that occur during the regular operation of the website) should be sent to the Company using the contact details found on our website.
Commission• The Company provides an online service that matches bets between its members. In return for providing this service, the Company charges a small commission on net winnings per bet.
• The Company will deduct the relevant commission from your winnings at the time of settlement of the outcome of the event.
• The Company may, at its sole discretion and without prior notice, amend the commission rates it charges for the use of its services. The company will post commission rates and any amendments to the commission rates on its website.
Betting Duty• If you are a UK bookmaker in the business of negotiating and receiving bets, you may be liable to pay betting duty on the amount staked if you are acting in the course of your regular business while using our website. It is the sole responsibility for the member to account for his duty. Members should seek independent advice from their tax advisers concerning the use of the Company's services.
Indemnity• You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any liabilities, claims, losses or demands made by any third party arising out of your breach of this Agreement including any document incorporated by reference into this Agreement or out of your violation of any law or the rights of any third party.
Matters beyond our control• The Company is not liable for any loss or damage that you may suffer because of any: act of God; trade or labour dispute; power cut; act, failure or omission of any government or authority; obstruction or failure of telecommunication services; or any other delay or failure caused by a third party. In such an event, the Company reserves the right to cancel or suspend its services without incurring any liability.
• We are not liable for the failure of any equipment or software, wherever located or administered, or whether under our direct control or not, that may disrupt or hinder the operation of our betting services, impede the placing of orders for bets or the matching of bets or prevent you from being able to contact us.
• The Company will not be liable for the acceptance or settlement of any offers of bets where Bettor.com do not obtain communication of that acceptance or where the bet is not able to be displayed properly on the website or the Company is not in receipt of an instruction from you to cancel an offer for a bet.
• We will not be liable for any failed performance of any third party to our Agreement. The Company reserves the right to cancel and declare null and void any bets that we may not be capable to settle because of non-performance of a third party.
Limitation of Liability• We exclude all representations and warranties as to the Company's services and our website's appropriateness for its intended purpose.
You understand, acknowledge and agree that Bettor.com shall not be liable in any manner or to any extent to you or to any third party for any (i) error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any posting on the site or in connection with the Bettor.com services, or (ii) problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet, the site or in any of the Bettor.com services or combination thereof, including, without limitation, any injury or damage to any users or third party's computer related to, or resulting from, downloading software or other materials from the site and/or the Bettor.com services. UNDER NO CIRCUMSTANCES SHALL Bettor.com BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ACCESS TO OR USE OF THE SITE AND/OR ANY OF THE Bettor.com SERVICES, FROM ANY CONTENT POSTED ON THE SITE OR THROUGH ALL OR ANY PART OF THE Bettor.com SERVICES, OR FROM THE CONDUCT OF ANY USER OR THIRD PARTY, WHETHER ONLINE OR OFFLINE.
• We will not be liable to you for any loss you may incur as a result of misuse of your password and we accept no liability resulting from its unauthorized use, whether fraudulent or otherwise.
• In no event shall we, or our suppliers, accept any liability from whatever cause for any losses you may incur as a result of placing bets or any other use of our website, this Agreement or our services.
• Under no circumstances shall our liability under the Terms and Conditions or for breach of contract, tort or otherwise exceed your maximum permitted exposure. Under no circumstances will we be liable for any indirect, special or consequential damages, loss of profits or the benefit of any bet arising from breach of contract, negligence or other liability even if we had been advised or had known (or should have known) of the possibility of such damages or loss.
• Nothing in these Terms and Conditions excludes our liability with respect to personal injury and death resulting from our negligence, or that of our employees, agents or subcontractors.
Gambling By Those Under Age
If we receive notification that you are currently under 18 or were under 18 when you placed any offers for bets through the exchange your account will be suspended to prevent you placing any further bets or making any withdrawals from your account. We will then investigate that claim including whether in fact you have been betting as an agent for or at the behest of a person under 18. If having found that you are currently or were under 18, all winnings currently or due to be credited to your account will be retained, all winnings gained from betting through the exchange whilst under age must be paid to Bettor.com on demand. If you fail to comply we will seek to recover all fees owed by you and the cost of such recovery.
This condition also applies to you if you are over the age of 18 but you are placing your bets within a jurisdiction which specifies a higher age than 18 for legal betting and you are below that legal minimum age in that jurisdiction.
Intellectual Property• Bettor.com and the Bettor.com logo are registered trademarks of the Company. Any unauthorized use of Bettor.com and the Bettor.com logo may result in prosecution.
• www.bettor.com is the uniform resource locator (URL) of our Company and no unauthorized use of the URL is permitted on another website or digital platform without prior written consent from the Company.
• We are the sole owners of the rights to our technology, software and business systems.
• You may not use Bettor.com's trademarks, trade names and/or trade dress in connection with any product or service that is not Bettor.com's, that in any manner is likely to cause confusion among users or in the public or that in any manner disparages Bettor.com. Except as expressly provided herein, Bettor.com and its licensors do not grant you any express or implied rights, license, title or interest in or to its or their respective trademarks, trade names, trade dress or other property (including, without limitation, the site and/or any of the Bettor.com services) and all such rights, license, title and interest Bettor.com are specifically retained by Bettor.com. You agree not to use any automatic or manual device to monitor or copy web pages or content therein. Any unauthorized use or reproduction may result in prosecution.
• UK horseracing data is licensed from the British Horseracing Board Limited (BHB) and such data is provided for use on the website only and may not be used for any commercial purposes without the consent of the BHB.
Assignment• Neither this Agreement nor any of the rights or obligations hereunder may be assigned by you without the prior written consent of Bettor.com, which consent may be withheld by Bettor.com in its sole and entire unfettered discretion. Bettor.com may, without your consent, assign all or any portion of its rights and obligations hereunder to any third party by posting written notice to this effect on the site and/or in connection with the Bettor.com services. In such case, all users shall be irrevocably deemed to have first entered into this Agreement with such third party as of the date the site first became operational, and not Bettor.com, and shall not therefore have any further claim or recourse against Bettor.com of any kind.
Severability• In the event that any provision of these Terms and Conditions is deemed by any competent authority to be unenforceable or invalid, the relevant provision shall be modified to allow it to be enforced in line with the intention of the original text to the fullest extent permitted by applicable law. The validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected.
• If the circumstance arises that any stipulation of these Terms and Conditions is deemed by any competent authority to be unenforceable or invalid, the stipulation shall be modified to permit it to be enforced in keeping with the original text's intended meaning to the fullest extent permitted by applicable law. The Agreement's remaining stipulations validity and enforceability shall not be affected.
Breach of this Agreement• Without limiting our other remedies, we may suspend or terminate your account and refuse to continue to provide you with our services, in either case without giving you prior notice, if you breach any terms of this Agreement or we believe that your actions may result in legal liability for you, for the Company or for third parties.
Dispute resolution• In the event of a dispute arising between you and the Company our Customer Service Department will attempt to reach an agreed solution. • Should our customer service staff be unable to reach an agreed solution with you, our senior management may intervene to resolve any outstanding dispute. • You agree to follow any grievance or dispute policy the Company may put in place from time to time, and only after this process has been exhausted will you refer any grievance or dispute to an independent adjudicator. • The Company is registered with IBAS under the Bettor trading name. IBAS is an independent organisation, charged with the delivery of authoritative adjudication to the betting industry. • In the event that a dispute cannot be resolved through this process it may be referred to IBAS.
Governing Law and Jurisdiction• The laws of England and Wales govern this Agreement.
You agree to the personal and exclusive jurisdiction of the Courts located in England and Wales, being the jurisdiction in which the registered offices of Bettor.com are located, in the event of any dispute pertaining to this Agreement, any and all content posted by users on the site and/or in connection with the Bettor.com services. YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL OBJECTIONS RELATED TO THE LAW OR CHOICE OF LAW GOVERNING THIS AGREEMENT AND/OR TO THE CHOICE OF THE COURTS LOCATED IN England and Wales AS THE SOLE AND EXCLUSIVE VENUE TO HEAR AND RESOLVE ANY ACTION, CLAIM, DEMAND, SUIT OR PROCEEDING AGAINST Bettor.com IN CONNECTION WITH THE SITE, ANY AND ALL POSTINGS THEREON, THE Bettor.com SERVICES OR THIS AGREEMENT.• The courts of England and Wales have non-exclusive jurisdiction.
• The Contracts (Rights of Third Parties) Act does not apply to these Terms and Conditions.
Your License to Bettor.com
All content and information you post on Bettor.com must be owned by you. users posting content on the site and/or in connection with the Bettor.com services retain all ownership rights in such content and are free to use their content in any manner save and except to engage in Prohibited Behaviour or to otherwise violate any of the terms and conditions of this Agreement. By posting content on the site and/or in connection with the Bettor.com services, you hereby grant Bettor.com an irrevocable, worldwide, non-exclusive, fully-paid, royalty-free and sub-licensable license to use, modify, publicly perform, publicly display, reproduce, and distribute such content on the site and/or through the Bettor.com services. Bettor.com reserve the right to remove or modify any content you post on the site and/or in connection with the Bettor.com services at it's sole and entire unfettered discretion with or without prior notice to you or any liability to you, and you hereby waive any moral rights you may have in or to such content under the laws of any jurisdiction. Your license to Bettor.com terminates at the time your content is removed from the site and/or in connection with the Bettor.com services. The license does not grant Bettor.com the right to sell your content, nor does your license grant Bettor.com the right to distribute your content outside of the site and/or the Bettor.com services. You hereby represent and warrant that (i) you own the content that you post on the site and/or in connection with the Bettor.com services or (ii) you otherwise have the right to grant to Bettor.com the license contemplated by "Sharing Your Content and Information" section of this Agreement, and (iii) the posting of your content on the site and/or through the Bettor.com services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any user or any third party. You agree to pay for all royalties, fees, and any other monies owing any user or any third party by reason of any content that you post on the site and/or through the Bettor.com services.
Your License from Bettor.com
Subject to the terms of this Agreement, and so long as you remain compliant with such Agreement, Bettor.com grants you a non-exclusive, limited, non sub- licensable and fully revocable license to access and use of the site and/or the Bettor.com services (excluding any software code) for your personal non-commercial purposes, and for no others. Notwithstanding the foregoing, you understand, acknowledge and agree that except for content that you post on the site, you may not under any circumstances modify, publish, transmit, transfer, sell, reproduce, upload, post, distribute, perform, display, create derivative works from, or in any other manner exploit, the site, the Bettor.com services and/or any of the content thereon or the software contained therein, except as Bettor.com expressly permits in this Agreement or otherwise on the site. No information or content on the site or made available to you in connection with the Bettor.com services may be modified or altered, merged with other data or published in any form including, without limitation, "screen scraping", "database scraping" and any other activity intended to collect, store, reorganize or manipulate such information or content. Your access to and use of the site and/or the Bettor.com services or any of the content thereon or the software contained therein for any purpose other than as expressly permitted in this Agreement is a violation of the intellectual property and other proprietary rights of Bettor.com, and may subject you to civil liability and/or criminal prosecution under applicable laws.
Your Conduct and Safety
We would like you to enjoy the site and the Bettor.com services. However, for your protection and that of all users, the posting of certain content on the site, as well as certain conduct in connection therewith and/or the Bettor.com services, is strictly prohibited ("Prohibited Behaviour"). If you engage in Prohibited Behaviour, or Bettor.com determines in its sole and entire unfettered discretion that you are engaging in Prohibited Behaviour, your Bettor.com membership and/or your access to or use of the site and/or all or any part of the Bettor.com services may be terminated immediately without notice to you.
In addition to the foregoing, legal action may be taken against you by another user or Bettor.com with respect to your having engaged in Prohibited Behaviour.
Prohibited Behaviour includes, but is not limited to, accessing or using the site and/or all or any part of the Bettor.com services to:a. promote or disseminate information that you know is false, misleading or defamatory;
b. conduct any unlawful or illegal activity, such as, but not limited to, any activity that furthers or promotes any criminal activity or enterprise, provides instructional information about making or buying illegal weapons, violates another user or any other third party's privacy or other rights or that creates or spreads computer viruses;
c. harm minors in any way;
d. transmit or make available any content that is unlawful, harmful, threatening, abusive, tortuous, defamatory, vulgar, obscene, lewd, lascivious, filthy, excessively violent, hateful, or racially or ethnically or otherwise objectionable;
e. transmit or make available any content that harasses, or that advocates the harassment of, another user or other third party;
f. transmit or make available any content that exploits another user or any other third party in a sexual or violent manner;
g. transmit or make available any content that contains nudity, violence, or offensive subject matter or contains a link to an adult website;
h. solicit personal information from another user or any other third party;
i. provide any telephone numbers, street addresses, last names, URLs or e-mail addresses;
j. transmit or make available any content that contains any restricted or password only access pages or hidden pages or images;
k. solicit passwords or personal identifying information for commercial or unlawful purposes from another user or any other third party;
l. make, solicit or promote any sales or commercial activity, such as, but not limited to, contests, sweepstakes, barter or advertising without Bettor.com's express prior written endorsement or authorization;
m. transmit or make available any content that contains includes a photograph of another user or any other third party without that person's consent;
n. transmit or make available any content that the user does not have a right to make available under any law or contractual or fiduciary relationship, including without limitation, any content that infringes a third party's copyright, trademark or other intellectual property and proprietary rights;
o. transmit or make available any content or material that contains any software virus or other computer or programming code (including HTML) designed to interrupt, destroy or alter the functionality of the site, its presentation or any other website, computer software or hardware;
p. interfere with, disrupt or reverse engineer the site and/or all or any part of the Bettor.com services in any manner, including, without limitation, intercepting, emulating or redirecting the communication protocols used by Bettor.com, creating or using cheats, mods or hacks or any other software designed to modify the site and/or all or any part of the Bettor.com services, or using any software that intercepts or collects information from or through the site and/or all or any part of the Bettor.com services;
q. retrieve or index any information from the site and/or all or any part of the Bettor.com services using any robot, spider or other automated mechanism;
r. participate in any activity or action that, in the sole and entire unfettered discretion of Bettor.com results or may result in another user being defrauded or scammed;
s. transmit or make available any unsolicited or unauthorized advertising or mass mailing such as, but not limited to, junk mail, instant messaging, "spim", "spam", chain letters, pyramid schemes or other forms of solicitations;
t. create Bettor.com accounts by automated means or under false or fraudulent pretenses; or
u. impersonate another user or any other third party.
The above list of Prohibited Behaviour is not exhaustive and may be modified by Bettor.com at any time or from time to time. If you become aware of the misuse of the site and/or all or any part of the Bettor.com services by another user or any other person, please contact Bettor.com through the "Contact Us" section of the site. Bettor.com reserves the right to investigate and to take all such actions as Bettor.com, in its sole and entire enfettered discretion deems appropriate or necessary under the circumstances, including without limitation, deleting the user's posting(s) from the site and/or terminating the Bettor.com membership of such user, against any user or third party who directly or indirectly in, or knowingly permits any third party to directly or indirectly engage in, Prohibited Behaviour, the whole without or without notice to such user or third party.
Disclaimer of User Postings
Bettor.com does not claim any rights of any kind (including, without limitation, ownership rights) in the posting made by users on the site and/or in connection with all or any part of the Bettor.com services. All user postings remain the sole and exclusive property, publication, speech and responsibility of the posting user. You therefore understand, acknowledge and agree that:a. each user, and not Bettor.com, is the sole and exclusive author, publisher and/or speaker of the content it posts on the site and/or in connection with the Bettor.com services. Each user, and not Bettor.com, is therefore fully liable for such the content (including, without limitation, any and all untruths or inaccuracies), whether caused by the user or by any of the equipment or programming associated with or utilized in the Bettor.com services.
b. Bettor.com does not endorse, nor does it have control over of any kind over, user postings on the site and/or in connection with all or any part of the Bettor.com services. Bettor.com acts strictly and solely as a passive conduit for the online distribution and publication of content posted on the site and/or through the Bettor.com services by users.
c. Bettor.com does not, and has no obligation of any kind to, screen in advance user postings on the site and/or in connection with the Bettor.com services, or to subsequently review, monitor or edit such postings. The content posted by users on the site and/or through or in connection with the Bettor.com services does not necessarily reflect the opinions or policies of Bettor.com and Bettor.com makes no warranties (whether express or implied) of any kind with respect to the content, accuracy and reliability of user postings.
d. Bettor.com does not, and accepts no liability, for monitoring the site and/or the Bettor.com services for Prohibited Behaviour. Notwithstanding the foregoing, if at any time Bettor.com chooses in its sole discretion to monitor the site and/or the Bettor.com services for Prohibited Behaviour, Bettor.com shall not be liable to any user or any third party for the content of any user posting (or for the conduct of the user posting the content at issue), nor shall Bettor.com have any obligation to modify, delete or reject any posting that another user or any third party considers inappropriate, illegal, defamatory or otherwise a violation of this Agreement. Bettor.com may, but is not obligated, nonetheless choose to take any action it deems necessary or appropriate under the circumstances in respect of any user posting that in the sole and entire judgment of Bettor.com constitutes Prohibited Behaviour or that otherwise violates this Agreement. See paragraph "Your Conduct and Safety" above.
e. Profiles created and posted by users on the site may contain links to other websites. Bettor.com accepts no liability for the content, accuracy or opinions expressed on such websites. See paragraph below "Links to other websites".
Links to Other Websites
The Company respects the rights and reputations of all users and third parties. If you have serious reasons to believe that your rights have been violated or that the content posted on the site and/or through the Bettor.com services constitutes defamation, please provide the Company's designated agent with the written information specified below:a. A complete description of the location on the site where the content that you claim has violated your rights or is defamatory is located;
b. Your address, telephone number, and e-mail address; and
c. A summary statement by you, including supporting documentation or information, if any, made under penalty of perjury, as to why the content violates your rights or is defamatory. The Company's designated agent for notice of complaints with respect to content posted by users can be reached at the following URL http://www.bettor.comcontact-us NOTWITHSTANDING THE FOREGOING, the Company HAS NO OBLIGATION WHATSOEVER TO YOU OR TO ANY THIRD PARTY TO RESPOND TO ANY COMPLAINT THAT IT RECEIVES OR TO TAKE ACTION IN CONNECTION THEREWITH. ANY SUCH RESPONSE OR ACTION, IF ANY, SHALL BE AT THE SOLE AND ENTIRE UNFETTERED DISCRETION OF the Company.
Registration and Account Security
Bettor.com users must provide their real names and information and, in order to comply with this, all users must commit to the following rules when registering & maintaining your account:• You must not provide any false personal information on Bettor.com, or create an account for anyone other than yourself without permission.
• You must not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
• When selecting a nickname for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a nickname that does not closely relate to a user's actual name).
DISCLAIMER OF WARRANTIES
YOUR ACCESS TO AND USE OF THE SITE AND/OR THE Bettor.com SERVICES IS AT YOUR OWN RISK. THE SITE AND/OR THE Bettor.com SERVICES ARE BEING PROVIDED BY Bettor.com ON AN "AS IS" AND "AS AVAILABLE" BASIS. Bettor.com MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE AND/OR THE Bettor.com SERVICES OR THE INFORMATION OR CONTENT INCLUDED THEREIN. Bettor.com MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE AND/OR THE Bettor.com SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. Bettor.com HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE OR PERFORMANCE. Bettor.com DOES NOT AND CANNOT REPRESENT, WARRANT OR GUARANTEE ANY SPECIFIC RESULT TO A USER OR ANY THIRD PARTY RESULTING DIRECTLY OR INDIRECTLY FROM ACCESS TO OR USE OF THE SITE AND/OR THE Bettor.com SERVICES.
General Provisionsa. Term of Agreement. This Agreement shall remain in full force and effect while you access or use the site and/or the Bettor.com services or are a member of Bettor.com. If you choose to close your account, you simply restrict your own access to the site and/or the Bettor.com services and that you do not (i) erase your e-mail address from the site and/or the Bettor.com services (ii) delete all or any comments, positive or negative, about you previously found on the site and/or in connection with the Bettor.com services, or (iii) prevent other users from writing positive or negative comments about you on the site and/or in connection with the Bettor.com services. This Agreement will survive the termination of your Bettor.com account for any reason.
b. Changes to the Agreement. Bettor.com may modify the terms of this Agreement at any time or from time to time at its sole discretion. Such modified Agreement will be effective immediately upon posting to the site where the prior version of this Agreement was posted. You agree to be bound to any changes to this Agreement when you use the site after any such modified Agreement is posted.
c. Gender. Words importing the singular number shall include the plural and vice versa, words importing the masculine gender shall include the feminine and neuter genders and vice versa and words importing persons shall include individuals, partnerships, associations, trusts, unincorporated organizations and corporations.
d. Waiver. No waiver by Bettor.com, whether by conduct or otherwise, of a breach or threatened breach by you of any term or condition of this Agreement shall be effective against, or binding upon, Bettor.com unless made in writing and duly signed by Bettor.com, and, unless otherwise provided in the written waiver, shall be limited to the specific breach waived. The failure of Bettor.com to enforce at any time any term or condition of this Agreement shall not be construed to be a waiver of such provision or of the right of Bettor.com to enforce such provision at any other time.
e. Notices. All notices or other communications to be given by either you or Bettor.com Borrowers shall be in writing in the English language and may be given personally, by telecopy or by registered or certified mail and, if mailed, shall be deemed given ten (10) business days after the letter is deposited in the mail, during normal postal conditions throughout such period.
f. Headings. The division of this Agreement into paragraphs and sub-paragraphs and the insertion of headings are for convenience of reference only, and shall not affect or be utilized in the construction or interpretation of this Agreement. The terms "this Agreement", "hereof", "hereunder" and similar expressions refer to this Agreement and not to any particular paragraph or sub-paragraph or other portion hereof and include any agreement supplemental hereto. Unless the subject matter or context is inconsistent therewith, references herein to paragraphs and sub-paragraphs are to paragraphs and sub-paragraphs of this Agreement.
g. Other Rules. Bettor.com may have additional or other rules that govern your access to or use of the site and/or the Bettor.com services, and may change such rules at any time or from time to time. Those rules will be made available to you prior to or at the time of your access to or use of the site and/or the Bettor.com services. Please read those rules carefully.
h. Acknowledgement. By hereafter accessing or using the site and/or the Bettor.com services, you acknowledge having read, understood and agreed to each and every paragraph of this Agreement. As a result, you hereby irrevocably waive any future argument, claim, demand or proceeding to the contrary of anything contained in this Agreement. The language used in this Agreement is that chosen by you and Bettor.com, and no rule of strict construction will be applied against either you or Bettor.com.
i. Entire Agreement. This Agreement constitutes the entire agreement between you and Bettor.com with respect to your access to and use of the site and/or the Bettor.com services, and supersedes all other prior agreements and communications, whether oral or written with respect to the subject matter hereof.
j. Language. You agree that English will be the language of the site and/or the Bettor.com services, and of all transactions occurring in connection with the site and/or the Bettor.com services, and you agree to waive any right to use and rely upon any other language or translations. The parties hereto acknowledge and agree that they have required that this Agreement, as well as all documents, notices and legal proceedings entered into, given or instituted pursuant hereto or relating directly or indirectly hereto be drawn up in English.
I HAVE READ, UNDERSTOOD AND AGREED TO EACH PARAGRAPH OF AGREEMENT AND I HEREBY IRREVOCABLY AGREE TO ABIDE BY ALL OF ITS TERMS AND CONDITIONS AT ALL TIMES I ACCESS OR USE THE SITE AND/OR Bettor.com SERVICES.