Terms and Conditions on bragster.com

Latest update: 1st March, 2008

bragster.com and exbrag.com are operated by Wannabet Ltd (‘WAB’, 'we'), a limited liability company registered in England and Wales, number 5795178. Our registered office is at Connaught House, Alexandra Terrace, Guildford, Surrey GU1 3DA, United Kingdom. Whenever bragster.com is used in these Terms, it also covers the exbrag.com domain and service.

INTRODUCTION

Welcome to bragster.com (the 'Website'), the destination for friends to create fun bets. It is a fun place where you can create or participate in challenges with your friends (or the general public), meet new people and brag a little bit ('Bragster Service'). bragster.com aims to offer its member community an automated platform (‘Platform’) that allows members to interact with each other by replicating small bets, dares, guesses and challenges (‘Bets’) that they would do in real life, with the convenience of the internet and/or mobile technology. The stakes in these Bets can be the fake bragster.com currency which is equivalent to points ('BragBucks'), or a prize of your choosing ('Prize'). It allows members around the world to interact with each other, processes the settlement on their behalf at the end of a Bet (based on what they claim the outcome was).

In all cases, as per the nature of social networking / web2.0 websites, whilst the Bragster Service imposes the guidelines through the T&Cs (as defined below) and offers tools to bragster.com members ('Members') to report any inappropriate behaviour or self-regulate its community, it is important to remember that the Platform does not ‘know’ or administer what the rules and outcome of the challenges set by the Members are. The outcome of a bet is determined by an independent referee ('Referee') appointed by the creator of the bet ('Bet Creator'), or by the Bet Creator himself if he did not appoint a Referee (i.e. he/she determines who the winners and losers of the bet are, or can cancel the bet all together if he/she finds it appropriate). Once that instruction has been given to WAB, we record the outcome.

Your attention is drawn to our Privacy Policy which describes how we deal with and protect your personal information.

By accepting the T&Cs at Sign-up and/or by using the Bragster Service or by accessing the Website you, the end user ('you') accept and agree to be legally bound by the following terms and conditions, and the Privacy Policy (together, the 'T&Cs’). If you have any questions about the T&Cs, we would encourage you to seek independent legal advice.

CHANGES TO THE WEBSITE AND THE T&CS

We reserve the right, at our reasonable discretion, to change, modify, add, or delete portions of these T&Cs at any time. If we do this, we will post the changes to these T&Cs on this page and will indicate at the top of this page the T&Cs' “Latest Update” date. You are responsible for checking and reviewing these T&Cs each time you use the Bragster Service so that you will be aware of any changes, and to ensure that you agree with them. Your continued use of the Bragster Service after any such changes constitutes your acceptance of the new T&Cs. Any Bets created, placed and matched prior to the time of an amendment and notification of the changed T&Cs will be subject to the T&Cs in existence when such Bet was created, placed or matched (as applicable).

ELIGIBILITY AND REGISTRATION

You must be 13 years or older to sign up for the Bragster Service, even for its basic version where you can play for BragBucks or Prizes, post comments or rate BragBucks bets. We realize that many young people will visit the site. However, we encourage all persons doing so to consult with their parents first, and recommend to all parents that control tools be put in place.

By registering as a Member, you represent and promise that you are 13 or older and that you understand, agree to and have the capacity to comply with the T&Cs. You must provide true, accurate and complete registration information to be a Member and inform us of any changes in such details. As part of the registration process, you will be asked to select a nickname and password and you will be responsible for all activities occurring under your nickname and for keeping your password secure. We may refuse to grant you a nickname that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.

You will inform us as soon as you become aware of any error in respect of your registration details, or any Bet in which you are involved. We reserve the right to declare null and void any Bets which are the subject of such an error. In such cases, we will return all stakes to the participants.

You undertake to protect your email address or nickname ('Username') and password in the same way as you would in respect of your bank cards and any failure to do so shall be at your sole risk and expense. You agree to inform us at once by email at or by telephone (see Contact Us) (to give us 'Notice') if you believe that your Username and/or account information (together, your 'Account') is being misused by a third party so that we may suspend the use of your Account.

In the event that another person uses your Account, you are solely responsible for all their actions prior to receipt of Notice by us, whether or not such use of your Account was authorized by you. For this purpose you agree to compensate WAB and hold WAB harmless against all costs, claims, expenses and damages, however they arise, in connection with any such use of your Account by any third party prior to the receipt of Notice by us.

In respect of Bets for Prizes, we are not responsible for transferring the Prize from the losers to the winners. However, if you lose a Bet for a Prize via our Platform, as decided by the Referee (or Bet Creator if he/she acts as referee), you are fully expected to honour your commitment to the winning parties, in line with the Prize description (as interpreted by the Referee, or by the Bet Creator as above).

You are prohibited from holding more than one Account at any one time. WAB reserves the right to close your Account(s) if you open multiple Accounts and to cancel any Bet in which you are involved.

MEMBER CONDUCT AND APPROPRIATE CONTENT

You may use the Bragster Service only for your personal, non-commercial use. You may not use the Bragster Service for any illegal or unauthorized purpose. Members agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United Kingdom or your country of residence (where you are located outside the UK) and all relevant laws. You are solely responsible for your conduct and any data, text, bets, dares, guesses, challenges or alike, information, graphics, photos, profiles, audio and video clips, links and other content ('Materials') that you submit, post, and display on the Website.

You are solely responsible for your own heath and safety in attempting to fulfill the requirements of any Dare or Bet and are urged to use caution and act in a reasonable and prudent manner.

We may, but shall have no obligation to you to, remove Materials that we determine in our sole discretion to be unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or which infringe or violate any person's intellectual property or other proprietary rights or these T&Cs. Under no circumstances does WAB have any obligation to you to check the accuracy or truthfulness of any Materials, nor to monitor any Member's use of the Bragster Service.

Members must not create competitions for Prizes where winning does not depend to a substantial degree on the exercise of skill or Bets for which the outcome is already known by the Bet Creator or any participant.

Similarly, it is important for you to recognize that WAB simply provides a platform for Members to create and participate in Bets with other Members. Those Bets are not administered by us and, while we provide tools to help foster trust among Members (e.g. rating the Bet Creator and/or Referee, posting comments about Bets, reporting inappropriate content, cancelling Bets, etc.), by participating in a Bet you accept the rules of the Bet as imposed by the Bet Creator or Referee, and trust his/her judgment on how to settle it. We are in no way responsible for how the outcome of the Bet is determined by the Bet Creator or Referee, at what time this is done, how Members settle their dues in Bets for Prizes, or the content of those Bets and to whom they have been exposed.

WAB cannot be held responsible for the accuracy or reliability of any statement, opinion, or advice given, or for any libellous, defamatory, illegal or offensive content or conduct, by any Member. You agree to notify WAB of any such content or conduct which comes to your notice.

We also try to ensure that information posted on the Website by Members is correct but in no circumstances do we accept any liability whatsoever for error or omission.

CONDITIONS FOR USE

You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your Account including the content of transmissions through the Bragster Service. By way of example, and not as a limitation, you agree NOT to:

• Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.
• Publish, distribute and/or disseminate any harmful, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information. (If such material or information is posted in a language that none of the WAB staff understands, WAB will retain the right to remove it and/or cancel the related Bet).
• Use other Members' personal information for purposes other than establishing contact that is reasonably expected to be welcomed by such other Members.
• Submit Materials that are unlawful or promote or encourage illegal activity or that would violate the rights of others.
• Submit Materials of any third party without such third party's prior written consent, or Materials that falsely express or imply that such Materials are sponsored or endorsed by WAB.
• Create a false or misleading identity (including, but not limited to, that of a WAB employee or partner), or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.
• Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• Use the Bragster Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website.
• Attempt to gain unauthorized access to the Bragster Service, other accounts, computer systems or networks connected to the Bragster Service, through password mining or any other means.
• Modify, adapt, translate, or reverse engineer any portion of the Bragster Service, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Bragster Service.
• Reformat or frame any portion of the web pages that are part of the Bragster Service.
• Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law.
• Remove any copyright, trademark or other proprietary rights notices contained in or on the Bragster Service.
• Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
• Interfere with another Member's use and enjoyment of the Bragster Service.
• Harvest or collect email addresses or other contact information of Members, including nicknames, from the Website by electronic or other means.
• Use any Bet for a Prize as a way to play for money, by entering monetary stakes in the Prize description or detail entry boxes. Moreover, in the spirit of the Bragster Service and its non commercial use, you should certainly not create or participate in any Bet that would have significant prizes at stake.
• Expose Bets that were intended to remain private.
• Invite or entice people who are not allowed to participate in a Bet pursuant to the T&Cs to participate.

You undertake to use the Bragster Service for legitimate non-business use only (the Website is designed to be a place for its Members to have fun, with only limited exposure and risk). In particular, you undertake not to (i) engage in any activity or behaviour that has the purpose or effect of causing damage to or in any way hindering our business operations; or (ii) encourage or join any collusion with other Members, or intentionally behave in such a way that might lead to the cancellation of a Bet or intentionally providing the wrong outcome, in bad faith or in a manner which we believe has the purpose or effect of adversely affecting the integrity of the Bragster Service or which might negatively affect other Members.

You will not use the Bragster Service to make money in a professional, commercial or systematic way.

You will not attempt to hack, make unauthorized alterations or introduce any kind of malicious code to the website or the Company by any means. Unless given prior written approval by WAB, you will not (i) reverse engineer or decompile (whether in whole or part) any software available through the Website; or (ii) make copies, modify, reproduce, transmit, alter or distribute all or any part of the Website or any material or information contained on it.

You agree that WAB, including any appointed personnel, may at any time without notice cancel a Bet, move or suspend the Website in whole or in part, and/or disclose any material or content contained on the Website if it considers it necessary to enforce these T&Cs.

PROHIBITED USE OF THE BRAGSTER SERVICE

It is forbidden to use robots or any other form of software endowed with intelligence programs to automate creation or participation in Bets.

DISPUTE RESOLUTION

By entering into a Bet, you accept that you will abide by the outcome as determined by the Bet Creator or Referee (as relevant), subject to his/her own interpretation and timing for settlement, which could result into a win, loss, but also a cancellation of the Bet, and/or the unilateral removal of some of the participators from the list of winners (e.g. if determined by the Bet Creator or Referee that they have entered the Bet after the outcome was already known).

For all Bets, once settled, all participants have the right to vote and opine on their experience, and indicate if they agree or disagree with the outcome. Also, in the event the Bet Creator or Referee has not defined the outcome of a Bet within 30 days after the final settlement deadline, WAB automatically cancels the Bet and returns all funds to the participants. This may not apply if the Bet Creator and/or Referee have informed WAB that for a legitimate reason more than 30 days will be needed to settle the Bet. From 15 days after the final settlement deadline onwards, WAB or appointed users (so-called "VIGs") can settle a bet in order to prevent automatic cancellation after 30 days. WAB also reserves the right to cancel or (in some rare cases) the right to decide on the outcome of a Bet, at any time, in whole or in part – for example by removing some participants. WAB will be able to do this even if participants have already joined, or in some cases after the Bet had already been settled by the participants themselves. This will typically happen if serious inappropriate content or behaviour (e.g. inappropriate or illegal Bets, Bets that have been subject to fraud/cheating by some or all participants, or Bets in violation of these T&Cs) has been brought to WAB's attention (i.e. flagged as inappropriate by a Member or spotted by our own algorithm or abuse team). In all such cancellation cases, WAB reserves the right to deduct Commission solely from the Bet Creator and/or Referee’s funds.

For Bets for Prizes, WAB does not provide a service to ensure that the right Prize will be transferred from the losing side to the winning side. This will be the participants’ full responsibility. Similarly, if participants have joined a Bet (typically for a Prize) where the Bet Creator has claimed he/she will give all or part of the proceeds/prize to a charity of their choice, it is the Bet Creator's responsibility to do so.

Wannabet employees are not allowed to participate in "Majority Rules" type bets.

PROPRIETARY RIGHTS

WAB does not claim any ownership rights in any Materials that you submit, post, or display on or through the Bragster Services or on the Website. After submitting, posting or displaying Materials on or through the Bragster Services or on the Website, you continue to retain all ownership rights in such Materials, and you continue to have the right to use your Materials in any way you choose. By submitting, posting or displaying any Materials on or through the Bragster Service, you hereby grant to WAB, in consideration for using the Bragster Service, a non-exclusive, fully-paid, royalty-free, sub-licensable, worldwide, perpetual licence to use, modify, publicly perform, publicly display, reproduce, and distribute such Materials solely on and through the Bragster Service (the "Licence"). This includes the right to extend the use of any information posted in any form on the Bragster Service to potential partners of WAB (e.g. to establish charts of "Top Bets" with third parties).

Without the Licence, WAB would be unable to provide the Bragster Service. For example, without the right to modify your Materials, WAB would not be able to digitally compress pictures or video under the proper format to satisfy technical requirements. The Licence you grant to WAB is non-exclusive (meaning you are free to license your Materials to anyone else in addition to WAB), fully-paid and royalty-free (meaning that WAB is not required to pay you for the use of the Materials that you post), sub-licensable (so that WAB is able to engage its affiliates and subcontractors such as internet content delivery networks to provide the Bragster Service), worldwide (because the internet and the Bragster Service are global in reach) and perpetual (so that Materials can be used by us in the future for the benefit of the Bragster Service). You promise that: (i) you own the Materials posted by you on or through the Bragster Service or otherwise have the right to grant the Licence, and (ii) the posting of your Materials on or through the Bragster Service does not violate the privacy rights, publicity rights, proprietary rights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Materials posted by you to or through the Bragster Service.

WAB and its affiliates and licensors own and retain all rights in the Website and Bragster Service, each of which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to all (1) text, (2) software, (3) photographs or videos, (4) graphics, (5) page layout, and (6) design presented through and as part of the Bragster Service by WAB. Except as expressly authorized by WAB, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of WAB's proprietary information. (WAB has pending applications for the 'Gottabet' and 'Gottabe' trademarks).

COPYRIGHT POLICY

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. WAB respects the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Website, please contact us and provide us with the following information: evidence that you are the copyright owner or are authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website (including a URL and/or screen shot); your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

PRIVACY POLICY

We take your privacy very seriously and the collection and use of personal information is governed by our Privacy Policy, which forms a part of the T&Cs. Click here to review the bragster.com Privacy Policy.

INTERNET ACCESS

WAB shall not be responsible for any connection or access to the Website by you or the quality of the transmission of any information passing between you and the Website. You will be responsible for providing your own communications equipment to access the Website and your Bets via the internet, and the internet access charges thereon.

TERMINATION AND CANCELLATION

You have the option to cancel your membership at any time, provided you are not involved in any ongoing Bets. If you no longer wish be a member, you can sign in to the Website and click on the 'My Bragster' section; then select 'cancel membership' and follow the simple instructions. This will remove your profile from public view and you are responsible to withdraw outstanding funds first. Please be aware that certain information (for example comments or your involvement in Bets) will still be shown on the site. Please note that WAB reserves the right to keep your Account open for as long as you are still involved in a Bet.

We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the Bragster Service and, as a result of this, WAB can cancel your participation in all or part of the Bets you have joined. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.

WAB may also, at its sole discretion and at any time, discontinue temporarily or permanently providing the Bragster Service, or any part thereof, with or without notice. Where possible, WAB will use reasonable efforts to give Members fair notice of termination or suspension of their access to the Bragster Service. However, you agree that any termination of access to all or part of the Bragster Service under any provision of the T&Cs may be effected without notice, and acknowledge and agree that WAB may immediately deactivate or delete your Account and all related information and files in your account and/or bar any further access to such files or the Bragster Service (including Bets that you are currently involved in). Further, you agree that WAB shall not be liable to you or any third party for any termination or suspension of access to the Bragster Service or modification of the Bragster Service.

COMPENSATION

You agree to compensate in full, and at WAB’s request defend, WAB, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, from and against any third party claim (or potential claim) arising from or in any way related to your use of or conduct on the Bragster Service, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and legal fees, of every kind and nature. In such a case, WAB will provide you with written notice of such claim, suit or action.

EXCLUSIONS AND LIMITATIONS

You agree that your use of the Bragster Service is entirely at your own risk. Wannabet can not be held responsible for any damages or injuries resulting from Dares or Bets that are posted on the site.

The Bragster Service, and all materials, information (including, without limitation, text, graphics, links or any information or materials obtained or accessed through the Bragster Service), products and services included therein are provided 'as is,' 'with all faults', 'as available', with no warranties whatsoever. WAB expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, freedom from computer virus, title, and non-infringement of proprietary rights.

WAB and its affiliates, licensors, partners, members, suppliers, employees, consultants, agents and group companies of its agents ('Wannabet') disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of any information or Materials displayed on the Bragster Service.

Wannabet further expressly disclaims (i) that the Bragster Service will meet your requirements and will be available, uninterrupted, error-free, timely, or secure, (ii) that defects or errors will be corrected, (iii) that the Bragster Service or the server that makes it available are free of viruses or other harmful components, and (iv) that the use of or the results of the use of the Bragster Service or the content made available as part of the Bragster Service will be correct, accurate, timely, or otherwise reliable.

Wannabet expressly disclaims any and all responsibility and liability for the conduct of any Member, and expressly disclaims that the content and Materials of the Bragster Service input by other Members is correct or accurate.

Wannabet will not be liable to you for any loss that you may incur as a result of misuse of your password, or account, and we accept no liability resulting from its unauthorised use, whether fraudulent or otherwise.

In no event will Wannabet be liable for any losses you may incur as a result of creating or participation in Bets or otherwise by your use of the Website.

Wannabet 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 prevent the operation of the Bragster Services, impede the placing of orders for Bets or the matching of Bets, or prevent you from being able to contact us.

Wannabet are not liable for the acceptance or settlement of any offers for Bets where we do not receive communication of that acceptance or where we are unable to display that Bet in the 'My Bragster' pages of our Website or we have not received your instruction to cancel an offer for a Bet or where, for any reason, we fail to process any instruction in good time.

Wannabet are not liable for the missed opportunity that may result from Bets that we decide to cancel (or for which we decide to change the outcome in all or in part) based on a violation of these T&Cs, independently of the time at which this change is being made (even if some members have already participated, or even after the bet has been settled).

Please remember that when you create or participate in a Bet on the Website, you are not betting with WAB, but with other Members. WAB only provides the Platform and by agreeing to these T&Cs you acknowledge that you will not hold Wannabet liable for any losses resulting from decisions regarding the outcome of Bets that are taken by other Members.

Under no circumstances will Wannabet be liable to you for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages or losses (including without limitation loss of profits, goodwill, use, data, or other intangible losses), whether based in contract, tort, strict liability, or otherwise, arising out of or in connection with use of, or inability to use, the Bragster Service, whether or not Wannabet has been advised (or should have known) of the possibility of such damages or loss. Without limiting the foregoing, under no circumstances shall WAB be liable to you for any amount exceeding ten thousand pounds (£10,000.00). If you are dissatisfied with the Bragster Service (or any part of it) your sole and exclusive remedy is to discontinue using the Bragster Service and the Website.

Nothing in these T&Cs will limit Wannabet's liability for fraud or for death or personal injury caused by Wannabet's negligence.

NOTICES

WAB may provide you with notices regarding the Bragster Service or these T&Cs by regular mail, email, or postings to the Website. However, it is your sole responsibility to check for changes to these T&Cs each time you use the Bragster Services and WAB cannot be held responsible for not informing you of any such changes.

LEGAL COMPLIANCE & MISCELLANEOUS

These T&Cs will be governed by and construed in accordance with the laws of England and Wales. You irrevocably agree to submit, for the benefit of WAB, to the exclusive jurisdiction of the English courts for settlement of matters arising out of or concerning the T&Cs or their enforceability. If for any reason any part of the T&Cs is found to be unenforceable in any respect, the remainder of the T&Cs will continue in full force and effect.

You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licences regarding your use of the Bragster Services.

We reserve the right to transfer, assign, sub-license or pledge these T&Cs, in whole or in part, to any person without notice, provided that any such assignment will be on the same terms or terms that are no less advantageous to you. You may not assign, sublicense or otherwise transfer in any manner whatsoever any of your rights or obligations under these T&Cs without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.

Under no circumstances shall WAB be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war or acts of terrorism, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. In such an event, we reserve the right to cancel or suspend the Bragster Service without incurring any liability.

Except insofar as these T&Cs expressly provide that a third party may in their own right enforce a term of these T&Cs, a person who is not a party to these T&Cs has no right under local law or statute to rely upon or enforce any term of these T&Cs but this does not affect any right or remedy of a third party which exists or is available other than under local law or statute.

By registering for and using the Bragster Service, you confirm that you fully understand and agree to be bound by these T&Cs as modified and/or amended by WAB from time to time. These T&Cs constitute the entire agreement between you and WAB with respect to their subject matter and supersede and replace any and all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the T&Cs by a party will be effective only if in writing and signed by a party. It is recommended that you retain copies of your transaction records and these T&Cs.