1. ACCEPTANCE OF TERMS

• Zoomabet provides its services to you subject to the following Terms of Service ("TOS"), which may be updated from time to time without notice to you. Additionally, when using particular Zoomabet owned or operated services, you and Zoomabet shall be subject to any posted guidelines or rules applicable to such services, which may be posted periodically. By accessing and using Zoomabet’s website (the “Website”) in any way, including without limitation to browsing this Website, you agree to and are bound by the TOS described herein. If you do not agree to all of the terms of service contained herein, please do not access or use this Website in any manner. All such guidelines or rules (including, but not limited to our Privacy Policy and Official Rules) are hereby incorporated by reference into the TOS.

2. DESCRIPTION OF SERVICE

• The Website facilitates the operation of online bets including, but not limited to, dares and challenges posted by users or Zoomabet itself. The Website provides a platform for placing bets for recreational purposes in exchange for a chance to win Zoomabucks, which can later be submitted for a chance to win a Prize (the "Service"). Registering and participating in the Website is free of charge, and any bets or wages for real money are strictly prohibited. Zoomabet is not responsible for any bets created or placed for real money that occur on the Website and will not compensate the users, in the event a dispute may arise thereof.. For more general rules associated with the Website please visit the Official Rules section of the Website.
  
  Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to these TOS. You understand and agree that the Service is provided "AS-IS" and that Zoomabet does not assumes any responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

3. OBLIGATIONS FOR REGISTRATION

• In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
• You also agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Zoomabet has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Zoomabet has the right to suspend or terminate your account and refuse any and all current or future use of the Service.
• Zoomabet is concerned about the safety and privacy of all its users, particularly children. Accordingly, any user under the age of 18 must have the permission of their legal guardian in order to register for the site. It is the responsibility of that legal guardian to determine whether any of the service areas and/or content is appropriate for their child.
• In cases where you have authorized a minor to use this Website and its Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the website and its Services; and (iii) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF THE WEBSITE MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.

4. USER SUBMISSIONS AND CONDUCT

• You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, collectively referred to as "User Submissions", are the sole responsibility of the person from whom such Content originated. This means that you, and not Zoomabet, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Zoomabet does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Zoomabet be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. Zoomabet does not control the user or third party Content posted via the Website and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content.
  
  You further agree that you will not submit material on the Website that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Zoomabet all of the license rights granted herein.
  
  Zoomabet does not endorse any user’s submissions or any opinion, recommendation, or advice expressed therein, and Zoomabet expressly disclaims any and all liability in connection with such submissions. Zoomabet does not permit copyright infringing activities and infringement of intellectual property rights on its website, and will remove all Content and user submissions if properly notified that such Content or user submission infringes on another's intellectual property rights. Zoomabet reserves the right to remove any and all Content and user submissions without prior notice.
  
  Zoomabet's registered users are obligated to make fair declarations with good faith. Additionally, Zoomabet's users are not allowed to use the Website’s platform for personal advertising needs.

5. USE OF SERVICE

• You acknowledge that Zoomabet may or may not pre-screen Content, but that Zoomabet and its designees shall have the right, but not the obligation, in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, Zoomabet and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Zoomabet or submitted to Zoomabet.
  
  You agree to not use the Service to:
  • upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • harm minors in any way;
  • "stalk" or otherwise harass another; and/or
  • Place any bets or wages for real money;
  • impersonate any person or entity, including, but not limited to, a Zoomabet official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission;
  • participate in any actions that may harm the positive use of the Website
  • Advertise, offer for sale, or sell any of the following items:
    • Any firearms, explosives, or weapons.
    • Any alcoholic beverages.
    • Any tobacco products for human consumption, including, without limitation, cigarettes and cigars.
    • Any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors.
    • Any controlled substances or pharmaceuticals.
    • Any items that are counterfeit or stolen.
    • Any dangerous items.
    • Any goods or services that do not, in fact, exist.
    • Any registered or unregistered securities.
    • Any items that violate or infringe the rights of other parties.
    • Any items that you do not have the legal right to sell.
    You acknowledge, consent and agree that Zoomabet may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Zoomabet, its users and the public.

6. INTERNATIONAL USE

• Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

7. LICENSE TO USER CONTENT

• With respect to any Content posted by or in connection with the Services provided by the Website, you grant Zoomabet a world-wide, royalty free, perpetual, license to use, copy, transmit, publicly display, publicly perform, create compilations including, create derivative works of, and distribute such Content to publish and promote such Content in connection with the particular Services of the Website and to publish and promote such Content elsewhere within the Website. Such license shall apply with respect to any form, media, or technology now known or later developed.

8. MODIFICATIONS TO SERVICE

• Zoomabet reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Zoomabet shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

9. TERMINATION

• You agree that Zoomabet may, under certain circumstances and without prior notice, immediately terminate your account and access to the Service. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the TOS or other incorporated agreements or guidelines, (ii) requests by law enforcement or other government agencies, (iii) discontinuance or material modification to the Service (or any part thereof), (iv) unexpected technical or security issues or problems, (v) extended periods of inactivity, (vi) engagement by you in fraudulent or illegal activities, and/or (vii) nonpayment of any fees owed by you in connection with the Services. You agree that all terminations for cause shall be made in Zoomabet’s sole discretion and that Zoomabet shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.

10. ADVERTISERS

• Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Zoomabet shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

11. PROPRIETARY RIGHTS

• You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Zoomabet or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
  
  Zoomabet grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree neither to modify the Software in any manner or form, nor to use modified versions of the Software, including for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Zoomabet for use in accessing the Service.

12. DISCLAIMER OF WARRANTIES

• YOU AGREE THAT YOUR USE OF ZOOMABET’S WEBESITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ZOOMABET, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. ZOOMABET MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA ZOOMABET. ZOOMABET DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ZOOMABET WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ZOOMABET WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

13. LIMITATION OF LIABILITY

• IN NO EVENT SHALL ZOOMABET, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ZOOMABET WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
  
  YOU SPECIFICALLY ACKNOWLEDGE THAT ZOOMABET SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
  
  THE WEBSITE IS CONTROLLED AND OFFERED BY ZOOMABET FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. ZOOMABET MAKES NO REPRESENTATIONS THAT THE ZOOMABET WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE ZOOMABET WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

14. INDEMNITY

• You agree to defend, indemnify and hold harmless Zoomabet, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Zoomabet website and/or its Services; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Zoomabet website.

15. TRADEMARK INFORMATION

• The Zoomabet, trademark and service mark and any and all other logos and product and service names are trademarks of Zoomabet, Inc. Without Zoomabet’s prior permission, you agree not to display or use in any manner these marks.

16. GENERAL INFORMATION

• Entire Agreement: The TOS constitutes the entire agreement between you and Zoomabet and governs your use of the Service, superseding any prior agreements between you and Zoomabet with respect to the Service.
  
  Choice of Law and Forum: Zoomabet is hosted in New York State in the United States of America and is subject to New York State and U.S. federal law. The Website shall be deemed a passive website that does not give rise to personal jurisdiction over Zoomabet, either specific or general, in jurisdictions other than New York. These TOS shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and Zoomabet that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in New York County, New York.
  
  If you are accessing Zoomabet from other jurisdictions, please be advised that you are transferring your personal information to us in New York State, and by using the Website; you consent to that transfer and to abide by the laws of New York State and applicable U.S. federal law concerning your use of the website and your agreements with us. Please be advised, in addition, that your use of the website is subject to New York State and U.S. federal law. Any persons accessing the Website from any jurisdiction with laws or regulations governing the use of the Internet, including personal data collection, use and disclosure different from those of New York State and U.S. federal law may only use the Website in a manner lawful in their jurisdiction. If your use of the Website would be unlawful in your jurisdiction, please do not use the Website.
  
  Waiver and Severability of Terms: The failure of Zoomabet to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
  
  No Right of Survivorship and Non-Transferability: You agree that your Zoomabet account is non-transferable and any rights to your Zoomabet ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
  
  Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Zoomabet website must commence within one (1) year after such claim or cause of action arose. Otherwise, such cause of actions is permanently and forever barred.
  
  The section titles in the TOS are for convenience only and have no legal or contractual effect.

17. VIOLATIONS

• Please report any violations of the TOS to info@zoomabet.com .

Last updated February 25, 2008.