Last Revised: [Mars, 2015]
1.1 BreedAndWin is a multi-player online game that simulates the management of a stable, where players can own, buy, sell, breed and race virtual horses against each other. Races are live and players run their virtual horse by rolling the dice. The game (race entries and prizes, horse trading, horse breeding...) is entirely based on a play money (« chips »). Ownership of a stable of virtual horses on BreedAndWin can not be considered as an investment. BreedAndWin is a casual game for leisure and entertainment purpose only.
This computer generated game is provided by Palamax Betting and Gaming Limited, a company incorporated in England and Wales (Company Number 5717558), with its registered office at 12 Gough Square, London EC4A 3DW, United Kingdom.
By accessing and playing BreedAndWin, users hereby agree to abide by our Terms and Conditions. Please read these Terms carefully before you agree to be bound by them. If you do not agree to these Tems, do not use the Services (as defined below).
Providing you agree to these Terms, we grant you a non-exclusive, non-transferable, revocable limited licence to use and display our Game Breed&Win (but not the related object and source code) for your own personal private use.
In these Terms, the following words have the following meanings:
1.1.1 “We” and “Us” means Palamax Betting and Gaming Limited.
1.1.2 “Game” means BreedAndWin which can be accessible through a Facebook account only.
1.1.3 “User” or “Registered User” means any physical individual who properly registers as a BreedAndWin player according to clause 2.
1.1.4 “Virtual horse” is a computer program characterized by a multitude of mathematical variables on a secured Web server, in which all data is kept entirely confidential.
1.1.5 Service or Services shall mean the game BreedAndWin, or in other words the services offered to members such as, without limitation, becoming owner of virtual horses, breeding, managing horses career, race nominations.
1.2 These Terms govern the relationship between the Users and Us, and incorporate the terms upon which you interact with our Service. They do not affect your statutory rights.
1.3 Where these Terms have been translated into a language other than English, please note that this is merely for the convenience of our Users and that the translation has no separate legal effect. The English language Terms will prevail over all translations.
1.4 We reserve the right to change these Terms at any time and in any way. In such a case, we will update the Terms on this page with the new change(s) and modify the date of the latest change above. However, no amendment to these Terms shall apply to a dispute of which We had actual notice on the date of amendment. You agree to read all notifications we send you and to periodically check this page for updates to these Terms. Each amendment will become effective, and you will be deemed to have accepted the amendment, once it has been posted on this page. Your continued use of the Games constitutes acceptance of these Terms and any modifications thereto. If you object to any changes, your sole recourse is to cease use of the Services.
1.5 All game actions received by Us are considered to have been placed and received in London, United Kingdom, where our servers are located.
1.6 These Terms shall be governed by English law, and Users agree to submit to the exclusive jurisdiction of the English courts in connection with any dispute which may arise regarding the use of our Service.
1.8 Your use of the Service is conditioned upon your compliance with these Terms and any use of the Service in violation of these Terms will be regarded as an infringement of Our copyrights in and to the Service. We reserve the right to terminate your access to the service without notice if you violate these Terms.
1.9 We reserve the right to discontinue the Services or change the content of the Services in any way and at any time, with or without notice to you, without liability.
1.10 You are not permitted to become a registered Player of BreedAndWin if you are under 18 years of age or acting on behalf of a person who is under 18 years of age; It is the responsibility of each User to ensure that they are acting legally under the laws of the jurisdiction that apply to them when accessing the BreedAndWin game.
1.11 Participation is stricktly restricted to one IP address per player only.
1.12 You agree that all sales of chips (game virtual currency) are final and that we will not refund any transaction once it has been made. Chips can never be exchanged for real money, real goods or real services from us or anyone else. We reserve the right to control, regulate, change or remove the game virtual currency without any liability to you. In case of exclusion from game, the chips still on the account will be definetely lost.
1.13 You will not allow anyone else to use your login details or give them to anyone else. If you do, you accept full responsibility for the consequences of this and agree to fully indemnify and hold us harmless from any damage or harm that may result.
2 Playing at BreedAndWin
The Game's rules are described in the Player's Guide (menu TOOLS >> Player's Guide). We may make changes to these rules at any time, without prior notice, as we deem necessary. As an ongoing virtual world and simulation game, BreedAndWin is a work in progress, based on a long term effort, which commenced in April 2012. How to simulate horse racing online involves complex behaviour and interactions using genetic and racing algorithms that will constantly evolve. Your continued use of the game constitutes acceptance of those changes and you agree that you cannot hold us financially responsible for any impact such changes may cause. It is part of the game to accept and integrate this risk into the management of your stable of virtual horses.
3 Copyright and Trademark
3.1 All of the material on our game including the text, graphics, photographs, pictures, sounds, data, images, audio and video clips (the “Material”) are the exclusive property of Palamax Betting and Gaming Limited and/or the companies or individuals who supply us with the Material. The Material, including compilation, selection, presentation and arrangement thereof, is protected by national laws and international agreements on copyright, moral rights, and other intellectual property rights. You may only use the Material for your personal purposes, without prejudice to the copyright in works featured in the Material. Any other form of use (including in particular reproduction, translation, alteration, modification, distribution, transmission, re-publication, display, broadcast or public representation of the Material is strictly forbidden.
3.2 The BreedAndWin name and logo, and any other graphics, logos and trademarks used on our online game are protected by the laws and international agreements on intellectual property. All other trademarks and trade names appearing on our game (including names or products belonging to third parties) remain entirely the intellectual property of their respective owners.
4 Rules of Conduct
4.1 The Service provides you with the opportunity to chat live with other players (chat area), to submit or post comments and suggestions on the Game's app page (http://www.facebook.com/breedandwin, also called Fanpage). The Rules of Conduct governs all aspects of your interaction with the other users and the webmaster(s) (also called « Admin » of the Game).
4.2 As a condition of your use of the Service, it is your sole responsibility to read carefully, understand and abide by this Rules of Conduct., maintained and enforced by Palamax Betting and Gaming Limited.
The following rules are not meant to be exhaustive. If Palamax Betting and Gaming Limited considers in its sole and exclusive discretion that you have violated the Rules of Conduct, we can suspend or terminate your access to the chat room and use of the Game.
You agree that your use of and conduct in the Game shall be lawful and you will not:
4.2.1 publish in the chat room any content or language which, in our’s sole and absolute discretion, is deemed to be unlawful, harmful, offensive, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or connected to race, national origin, gender, sexual preference or physical handicap;
4.2.2 include in your messages in the chat room or in the names of your virtual horses profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language;
4.2.3 reveal any user's personal information, including but not limited to another user's address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;
4.2.4 engage in any commercial activities, including, without limitation, any attempt to raise money for anyone or advertise or promote a product, service, website ;
4.3 Disputes with Others
We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Service. If you have a dispute with other users, you release Palamax Betting and Gaming Limited and hereby agree to indemnify Palamax Betting and Gaming Limited from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
5 Privacy and Protection of Personal Information.
6 Limitation of liability
6.1 YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING,WITHOUT LIMITATION, DAMAGES FOR LOSS OF DIRECT OR INDIRECT PROFITS, ECONOMIC LOSS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) OR ANY DIRECT,INDIRECT, CONSEQUENTIAL OR SPECIAL LOSSES HOWSOEVER CAUSED INCLUDING BUT NOT LIMITED TO ANY LOSS OF CONTRACTS, LOSS OF GOODWILL AND LOSS OF REPUTATION ARISING OUT OF THE USE OF OR INABILITY TO USE THE BREEDANDWIN SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
WE WILL NOT BE LIABLE TO MEMBERS FOR ANY CONSEQUENCE THAT USERS MAY INCUR AS A RESULT OF MISUSE OF PASSWORDS, MEMBER NAMES, DIGITAL CERTIFICATES OR OTHER IDENTIFICATION MEANS ACCEPTED BY THE COMPANY FROM TIME TO TIME AND WE ACCEPT NO LIABILITY RESULTING FROM ANY UNAUTHORISED USE, WHETHER FRAUDULENT OR OTHERWISE.
If, through use of the BreedAndWin Service, a User posts (chat room) potentially defamatory, illegal, obscene or offensive material, that User agrees that he/she shall be solely liable for the publication of such material and that he/she will indemnify the Company for all costs, penalties, liabilities and charges incurred by it in relation to such post.
6.2 FORCE MAJEURE
We shall not be liable, and shall not otherwise be deemed to be in breach of these Terms, for any failure to perform, or delay in performing, any of our obligations hereunder caused by circumstances beyond our reasonable control including but not limited to government or regulatory restriction, act of God, power cut, trade or labour dispute, act failure or omission of any government or authority, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems (e.g. if a Player or the Company Palamax Betting and Gaming Limited is unable to access his/her/its online service provider), unauthorised access, theft, operator errors, severe weather, earthquakes, floods and strikes or other labour problems. In such an event, we reserve the right to cancel or suspend the BreedAndWin Services without incurring any liability. We will not be 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 BreedAndWin Services, or prevent Members from being able to contact us. We will not be liable for any failure to perform by a third party to this Agreement. In particular, we reserve the right to declare null and void any competitions or races that BreedAndWin may not be able to settle because of non-performance by a third party.
a) You agree to defend, indemnify and hold harmless the Palamax Betting and Gaming Limited Parties from and against all claims and expenses, including attorneys' fees and costs, arising out of your use of the Service and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Service.
c) Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Terms ("Dispute"), you and Palamax Betting and Gaming Limited agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. You will send your notice to webmaster[at]breedandwin.co.uk.