User Agreement

Terms and Conditions

1. Introduction

These Terms and Conditions apply to the BabyBoomer-Trivia games and services on www.babyboomer-trivia.com website (the “Service”) (together the “BabyBoomer-Trivia Games”).

You accept these Terms and Conditions when you enter any of the BabyBoomer-Trivia Games and you will also be asked to read and accept these Terms and Conditions when you register to play. If you do not agree with any of these Terms and Conditions then you should not play the BabyBoomer-Trivia Games nor use the Service.

These Terms and Conditions may be amended or varied at any time without prior notice. Any changes will be posted on the Service. It is your responsibility to ensure you review these Terms and Conditions regularly to familiarize yourself with any changes. We recommend that you print and store or save a copy of these Terms and Conditions for future reference.

The specific rules, game rules and all other information and provisions appearing on or in relation to any of the BabyBoomer-Trivia Games apply in addition to these Terms and Conditions and together form a binding agreement (the "Agreement") between you and the Supplier (as defined below).

All BabyBoomer-Trivia Games are supplied, promoted and managed by Trivya (On Net) Limited (“the Supplier”) a company registered (company number 513874503) and regulated by the relevant laws of Israel for the purposes of operating internet trivia competitions. In this Agreement "we" and "us" are references to the Supplier.

"You" means you, the user of the Service (and "your" shall be interpreted accordingly). "Users" means the users of the Service collectively and/or individually as the context admits. You can choose from two versions of the BabyBoomer-Trivia Games; a ‘Play for Free’ version, and a ‘Pay to Play’ version. In order to play the BabyBoomer-Trivia Games you must register your details with the Supplier. In order to play the Pay to Play BabyBoomer-Trivia Games you must also deposit funds in an BabyBoomer-Trivia game account (the “BabyBoomer-Trivia Game Account”)

If you need any help or you have any queries in relation to the Service or the BabyBoomer-Trivia Games, please refer to the Help Sections or contact our Customer Services on support@babyboomer-trivia.com.

2. Eligibility

The Service and BabyBoomer-Trivia Games are only for residents of the US aged 18 years or over, unless specified otherwise. Employees and members of their immediate families (including any live-in partner) of the Supplier, of companies within the BabyBoomer-Magazine group of companies and any of their subsidiaries and/or of agencies associated with the Service, including any prize providers, where applicable, are ineligible to enter. Any such transactions will be invalid and in breach of this Agreement.

The Supplier reserves the right to ask you for proof of age and evidence as to your identity and place of residence at any time, and may use any methods available to carry out checks of any details provided. We may cancel your account and ban you from using the Service and playing the BabyBoomer-Trivia Games if proof of age is not provided or if the Supplier suspects that you are underage or otherwise ineligible. We may use any lawful and reasonable channels and methods available to us to carry out checks of any details provided to us. If, after registration, we become aware that you are under 18 years of age or otherwise ineligible, we shall be entitled to close your account with immediate effect.

At all times, you may only have one BabyBoomer-Trivia Game Account, for which you will sign up using your own, correct name. You may not access or use the Service by means of another person's account, and you may not use the Service by proxy. If you attempt to open more than one account, under your own name or under any other name, or if you attempt to use the Service by means of any other person's account, we will be entitled to immediately close all your accounts and bar you from using the Service.

You promise that all your personal and payment details in the registration form you submit to us are accurate and true. If the details you provide are not accurate and true, we may refuse your registration or suspend or terminate your BabyBoomer-Trivia Game Account and you could also be subject to criminal or civil prosecution or proceedings. If any of your personal details change or your credit or debit card is lost, stolen or cancelled, please inform us immediately via the "My Account" section of the Service, or by contacting our Customer Services.

3. Pay to Play Entry Fee

In order to play the Pay to Play BabyBoomer-Trivia Games, you will need to confirm that you are happy to pay the value of the BabyBoomer-Trivia Game entry fee (the “Entry Fee”) from your BabyBoomer-Trivia Game Account. Once you have confirmed your participation the Entry Fee will be taken from your BabyBoomer-Trivia Game Account balance, provided that you have enough funds in your account to pay that Entry Fee. In the event that by the BabyBoomer-Trivia Game’s start time you are the sole participant, that BabyBoomer-Trivia Game will be cancelled and the Entry Fee you paid will be refunded to your account.

We reserve the right to set the Entry Fee amounts and to amend them from time to time and these will be updated on the Service. We reserve the right to make changes to the payout rates and values and these will be updated on the Service. It is your responsibility to note the payout values and/or Entry Fees applying to each BabyBoomer-Trivia Game in each session before you choose to participate.

In the event of a dispute, you agree that our transaction records shall solely determine the outcome of an BabyBoomer-Trivia Game and any Entry Fees paid.

Any applicable taxes and fees in connection with any winnings awarded to you or any other payments made to you are your sole responsibility, however you authorise us to deduct such applicable taxes and fees, if any, from the winnings awarded to you to the extent we are required to do so by law.

4. Winnings

The winnings for a specific BabyBoomer-Trivia Game will be indicated on the Service. The process for determining the winner of the winnings is as indicated in the relevant BabyBoomer-Trivia Game rules. If you become a winner, we will ask you to complete a winner confirmation and release form before you can receive your winnings. Such confirmation and release form will ask you to certify that the information you have given about yourself is correct. Any misrepresentation may result in winnings being withheld and no longer being due.

Winnings cannot be transferred, substituted, exchanged or redeemed for any other prize at your request. However, the Supplier reserves the right to offer an alternative of similar value to the winnings.

The Supplier may refuse to provide winnings, or seek their recovery, in the event of your breach of this Agreement, fraud or dishonesty, including but not limited to the use of technology to enable you to evade any Entry Fee or any other charge when using the Service.

Where the winnings are to be paid by cheque, such cheque will be made payable to you in pounds sterling and such cheque cannot be made payable to any third party.

5. Governing law and jurisdiction

These Terms and Conditions are available in English only and this Agreement shall be governed by and construed in accordance with the laws of England and Wales, unless you are a Scottish resident in which case you may choose Scottish law. You irrevocably submit to the exclusive jurisdiction of the courts of England and Wales unless you are a Scottish resident in which case you may choose the courts of your residence in Scotland.

6. Your Representations and Undertakings

In consideration for the rights granted to you to use the Service, you represent, warrant, covenant and agree that:

• you are a resident of the United Kingdom aged 18 years or over. All the details contained in your registration form as submitted or any details given when making a deposit to the Service are true, current, correct and complete and match the name(s) on the credit/debit card(s) or other payment accounts to be used to deposit or receive revenues in your BabyBoomer-Trivia Game Account.

• you only hold one account on the Service. Your user name and password will be kept private and secure at all times. You are fully aware that there is a risk of losing money when playing by means of the Service and that you are fully responsible for any such loss.

• in the event that you are a winner, you will grant to the Supplier an irrevocable, exclusive and perpetual worldwide right and license, to use your name, photograph and likeness in any media, in connection with the marketing and promotion of the Supplier and the Service and you will fully cooperate with the Supplier in such regard. You shall use the Service and the BabyBoomer-Trivia Games in accordance with this Agreement, as amended from time to time and you shall abide by the rules and instructions for playing the BabyBoomer-Trivia Games.

• you agree to reimburse the Supplier in respect of any damages suffered by the Supplier or ITV or any losses by the Supplier or ITV resulting from any claim made by a third party in each case in respect of any matter arising from your use of the Service in breach of this Agreement or from your violation of any applicable law or regulation.

7. Your BabyBoomer-Trivia Game Account

Your account is solely for use on the BabyBoomer-Trivia Games Service. We take no responsibility for any third party access to your BabyBoomer-Trivia Game Account. All transactions where our user name and password have been entered correctly will be regarded as valid, whether or not authorised by you. We accept no liability for monies or information lost due to unauthorised use of your BabyBoomer-Trivia Game Account arising from improper use of your user name and password. Please inform us immediately if you suspect that your BabyBoomer-Trivia Game Account is being misused by a third party and/or any third party has access to your BabyBoomer-Trivia Game Account, user name or password.

Monies held in your BabyBoomer-Trivia Game Account shall not attract any interest.

[If you fail to use your BabyBoomer-Trivia Game Account for six months your account will be considered a "dormant account". The six-month period will run from the date of your last login to your account. In the case of a dormant account, the Supplier will be entitled to levy a monthly administration fee at a rate of 10% of the balance in the account (up to a maximum of $20 per account) on the date that it became dormant. The administration fee shall be deducted monthly from the date that your BabyBoomer-Trivia Game Account becomes a dormant account payable on the last day of the sixth month in which the account is inactive and on the last day of every month thereafter, until the balance of the account has reached zero or you using your BabyBoomer-Trivia Game Account. In the event that you login to your account during the period during which the administration fee is levied for dormant account, the Supplier will cease to levy the administration fee but the administration fees due and payable to the Supplier until that time shall not be refundable.

The Supplier may, at any time, set off any positive balances on your BabyBoomer-Trivia Game Account against any amount owed by you to us.

We reserve the right to impose and enforce limits on the amount you can wager through your BabyBoomer-Trivia Game Account.

8. Deposits and Withdrawals

You may spend up to the amount of the current available balance in your BabyBoomer-Trivia Game Account.
The minimum amount you can deposit in your account at any time is $10.

You can withdraw any amount from your account, up to your current available balance and no less than $10 at any time.

Bonus cash is subject to different withdrawal conditions as stated under the “Bonus policy” and bonus terms and conditions.

When you withdraw money from your account, we may ask you to provide us with paper copies of your passport or driver’s licence, and a copy of a bank or credit card statement showing your registered home address. These should be sent for the attention of BabyBoomer-Trivia to the address shown at the end of this User Agreement.

9. Payment Transactions and Payment Fraud

You are fully responsible for paying all monies owed to the Supplier. In respect of any payment made by you, you agree that you will not make any charge-backs, and/or deny or reverse any such payment and will reimburse the Supplier for any charge-backs, denial or reversal of payments you make and any loss suffered by the Supplier as a consequence. In those circumstances, the Supplier may, at its sole discretion, cease to provide the Service or refuse to pay any winnings.

We reserve 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 declare that the source of funds used by you for playing on the Service are legal and that you will not use the Service in any way as a money transfer system. You will not use the Service for any unlawful or fraudulent activity or prohibited transaction including money laundering.

In the case of suspected or fraudulent payment, including use of stolen credit cards, or any other fraudulent activity (including any chargeback or other reversal of a payment), we reserve the right to block your BabyBoomer-Trivia Game Account, reverse any pay-out made and recover any winnings. We shall be entitled to inform any relevant authorities or entities of any payment fraud or otherwise unlawful activity, and may employ collection services to recover payments.

10. Bonuses

All promotions, bonuses or special offers are subject to promotion-specific terms and conditions and any complimentary bonus credited to your BabyBoomer-Trivia Game Account must be used in adherence with such terms and conditions. We reserve the right to withdraw any promotion, bonus or special offer at any time.

You might be awarded or be entitled for a promotional bonus or other unique bonuses at the Supplier’s sole discretion. Only one bonus can be awarded for any specific event.

Bonuses will be handled one after the other, once the earliest bonus is resolved the next in line will become Active. Bonus cash awarded on our Service must usually be played through 10 to 20 times (depending on the terms and conditions of that bonus) on any game before they can be withdrawn.
• In Process – A bonus which you have started to play through, but has not yet completed. This bonus cannot be withdrawn by you.
• In Line – A bonus which you have not yet started to play through. This bonus cannot be withdrawn by you.
• Fulfilled – A bonus which has successfully been played through. This bonus can be withdrawn by you and is regarded as "real" money and not "bonus" money in the total balance.
• Used – A bonus that before it could be played through, the account balance was depleted to an amount smaller than $1, is considered to be wasted. .
• Expired – A bonus that was not fulfilled by its specified expiration date is retrieved by the service. Once expired, the bonus is deducted from your balance. If your balance before revocation is less than the bonus itself, than the balance will be set to $0 and there will be no future requirement on your part in respect of the revoked bonus
• Revoked – A bonus can be revoked from your balance if you are inactive for over 3 months. Once revoked, the bonus is deducted from your balance. If your balance before revocation is less than the bonus itself, than the balance will be set to $0 and there will be no future requirement on your part in respect of the revoked bonus.

While a bonus is either in ”in Process” or “In Line” status, you will be unable to withdraw any cash unless you choose to forfeit the bonus. If you have any questions about bonuses, please contact our Customer Services.

11. Intellectual Property, Copyright and Trade Marks

You may use the Service for your own personal non-commercial use.

The terms BabyBoomer-Trivia, Trivya, TriviaOnNet and any other trade marks, service marks and/or trade names used by the Supplier on the Service from time to time (the "Trade Marks") are the trade marks, service marks and/or trade names of the Supplier or one of its group companies or its licensors and these entities reserve all rights to such Trade Marks. In addition, other content on the Service, including, but not limited to, the BabyBoomer-Trivia Games, images, pictures, graphics, photographs, animations, videos, music, audio and text (the "Service Content") belongs to the Supplier or one of its group companies and/or its licensors and is protected by copyright and/or other intellectual property rights. You hereby acknowledge that by using the Service, you obtain no rights in the Trade Marks or the Site Content other than as specified in this Agreement.

In particular, under no circumstance may you copy any Service Content (including without limitation trivia questions, answers, or games) or use data mining, robots, screen scraping, or similar data gathering and extraction tools on the Service.

12. Data Protection

Information and data ("personal data") which is provided by you when you register will be held and used by the Supplier, the BabyBoomer-Magazine group of companies and their suppliers and contractors in order to administer and manage the Service. Your personal data may also be passed to relevant regulatory bodies, the police or other authorities in the course of the investigation of any complaints or suspected unlawful activity. Aggregate, non personal data may also be used for the purpose of undertaking market research or in facilitating reviews, developments and provements to relevant services.

13. User Submitted Material

You may submit trivia content. When you submit trivia, all content submitted to the Supplier becomes the sole property of the Supplier. The Supplier may publish and use this submitted content in any way and form it so chooses with no reserve or limitation.

The Supplier reserves the right and will, in its sole discretion, modify, edit, archive and delete published or unpublished submitted content.

In addition, users submitting content to the service warrant and represent when they submit the content that the content is in their own words and has not been taken from any copyright source(s) or they otherwise control all of the rights and have obtained all necessary consents to such content as described in this Agreement including, without limitation, all the rights necessary for them to provide, post, upload, input or submit the content.

14. Trivia Question Accuracy

The Supplier makes every effort in verifying and ensuring the accuracy and integrity of questions and answers provided on the Service. However, we do not warrant that trivia content provided on the Service is by all means free of all errors and inaccuracies.

15. NO WARRANTY

THE SERVICE AND THE BABYBOOMER-TRIVIA GAMES ARE PROVIDED "AS IS". WE MAKE NO WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED (WHETHER BY LAW, STATUTE OR OTHERWISE), INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS OR ACCURACY OF THE SERVICE OR THE BABYBOOMER-TRIVIA GAMES OR INFRINGEMENT OF APPLICABLE LAWS AND REGULATIONS. THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF THE SERVICE LIES WITH YOU.

WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS OR AS TO RESULTS OR THE ACCURACY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE SERVICE.

IN THE EVENT OF SYSTEMS OR COMMUNICATIONS ERRORS, BUGS OR VIRUSES RELATING TO ACCOUNT SETTLEMENT OR OTHER ELEMENTS OF THE SERVICE OR RESULTING IN LOSS OF DATA BY YOU OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT OR SOFTWARE, WE SHALL IN NO WAY BE LIABLE TO YOU AND WE RESERVE THE RIGHT TO VOID ALL BABYBOOMER-TRIVIA GAMES IN QUESTION AND TAKE ANY OTHER ACTION TO CORRECT SUCH ERRORS SAVE THAT WE ARE NOT REQUIRED TO PROVIDE ANY BACK UP NETWORK AND/OR SYSTEMS OR SIMILAR SERVICES.

THE SUPPLIER SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER OR OTHER THIRD PARTY WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVER THAT HOSTS THE SITE.

16. Limitations of Liability

Nothing in this Agreement restricts your statutory rights as a consumer. For more details on your statutory rights you should contact your local Trading Standards Office or Citizen's Advice Bureau.
You agree that you are free to choose whether to use the Service and that you do so at your sole option, discretion and risk.

We will NOT compensate you for any loss or damage you may suffer in connection with the Service UNLESS we materially fail to carry out any of our obligations under this Agreement or if we breach any duties imposed on us by law. As this Service is for your own private non-commercial use only our liability shall not in any event include losses related to any business of yours such as lost profits or business interruption.

We shall use reasonable efforts to secure any information that you transmit or store through the Service in order to prevent unauthorised access by third parties. You acknowledge, however, that We are unable to exercise control over the security of information passing over third party networks and we are not responsible for any kind of unauthorised access to information passing over the network or via the Service and for any damage or loss or corruption of data, information or material, or viruses that may infect your computer equipment or other property.

Save as indicated above, we shall not be liable to you or any third party in contract, tort, negligence, or otherwise, for any indirect or consequential loss or damage whatsoever arising from or in any way connected with your, or any third party's, use of the Service, including, without limitation, damage for loss of business, loss of profits (including loss of or failure to receive anticipated winnings), business interruption, loss of business information, or any other pecuniary or consequential loss (even where we have been notified by you of the possibility of such loss or damage).

We are not responsible for the content of any linked sites.

Nothing in this Agreement will operate so as to exclude any liability of the Supplier for fraud, death or personal injury that is caused by the Supplier's negligence.

You agree that, in the event that the Service fails to operate correctly as a result of, but not limited to, any delay or interruption in operation or transmission, any loss or corruption of data or communication or lines failure, any person's misuse of the Service or its contents or any error or omission in the Service content or any other factors beyond our control: we will not be responsible for any loss, including loss of winnings, that may result; and
if any such errors result in an increase in winnings owed or paid to you, you shall not be entitled to the winnings falling within such increase. You shall immediately inform the Supplier of the error and shall repay any winnings credited to your account in error to the Supplier (as directed by the Supplier) or the Supplier may, at its discretion, deduct an amount equal to those winnings from your account or set off such amount against any money owed to you by the Supplier.

17. Duration and Termination

This Agreement shall come into force immediately upon your using the Service and/or marking the "I Accept the Terms and Conditions" box as part of the registration process and shall continue in force unless and until terminated in accordance with this Agreement.

Upon termination for any reason, regardless of your other rights, you must cease all use of the Service.

Upon termination of this agreement by us or you on notice (but for the avoidance of doubt not for breach), as detailed above, you shall be entitled to the return of the current available balance in your BabyBoomer-Trivia Game Account, within 14 working days and in accordance with our cash out policy as published from time to time.

You may terminate this Agreement and your account (including your username and password) at any time by sending an email to us at support@babyboomer-trivia.com such termination to take effect within 7 calendar days after receipt by the Supplier of your email, provided that you shall remain responsible for any activity on your account between sending us an email and the termination of your account by us.

On termination of this Agreement you shall:
• discontinue the use of the Service; and
• pay all amounts due and owing to the Supplier.
The right to terminate this Agreement given by this clause shall not prejudice any other right or remedy of either party in respect of the breach concerned (if any) or any other breach.
Upon the termination of this Agreement for any reason, except as otherwise provided in this Agreement and subject to any rights or obligations which have accrued prior to termination, neither party shall have any further obligation to the other under this Agreement.

18. Chat Feature

The Supplier reserves the right to review the chat facility in relation to any game on the Service, to moderate such content and to keep a record of all statements made on such facility. In the event that you use the chat facility on the Service you shall be bound by the following rules:

• you shall not make statements that are sexually explicit or grossly offensive, including expressions of bigotry, racism, hatred or profanity.
• you shall not make statements that are abusive, defamatory or harassing or insulting to other Users.
• you shall not make statements that advertise or promote any other online entities.
• you shall not make statements about the Supplier or the Service or any other Internet site connected to the Supplier that are untrue and/or malicious and/or damaging to the Supplier or ITV.

19. General

We reserve the right to modify or terminate the Service or elements of the Service at any time, without notice, and we will not be liable to you as a result of any such action.

If any part of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of this Agreement and shall not affect the validity and enforceability of any of the remaining provisions of this Agreement. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.
No waiver by us of any terms of this Agreement shall be construed as a waiver of any preceding or succeeding breach of any terms of this Agreement.

Unless otherwise expressly stated, nothing in this Agreement shall create or confer any rights or any other benefits to third parties. Only you or we have the right to enforce any provision under the Agreement.

Nothing in this Agreement shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and us.

This Agreement contains the entire agreement between you and us relating to the Service and supersedes any and all prior agreement between you and us. You confirm that, in agreeing to accept this Agreement, you have not relied on any representation save insofar as the same has expressly been made a representation in this Agreement.

We reserve the right to transfer, assign, sublicense or pledge this Agreement, in whole or in part, to any person without notice and you will be deemed to consent to such assignment.

You may not transfer, assign, sublicense or pledge in any manner whatsoever any of your rights or obligations under this Agreement.

Nothing in this Agreement shall be construed so as to grant you any security interest whatsoever over the assets of the Supplier, including for the avoidance of doubt on any amounts standing to the credit of your account.

Nothing contained in these Terms and Conditions shall affect your statutory rights.

These terms and conditions were last updated on 17th March 2008

20. Contact details and further information

For a hard copy set of these terms and conditions, please send an email to support@babyboomer-trivia.com.

To contact BabyBoomer-Trivia via post, please send your query to :
BabyBoomer-Trivia Customer Care (BabyBoomer-Trivia)
PO Box 12736
Herzeliya
46733 Israel