Last Updated: 09/05/2017
YOUR USE OF THE SITE AND/OR THE SERVICE, OR BY CLICKING “I ACCEPT” IF PRESENTED WITH THIS TOU IN A CLICK-THROUGH FORMAT, SIGNIFIES YOUR AGREEMENT TO THIS TOU AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THIS TOU, INCLUDING ANY MODIFICATIONS THAT BOONGAMES MAKES FROM TIME TO TIME. If you do not agree to this ToU, you may not use the Site or the Service.
The BoonGames Partner Service is a B2B loyalty service that allows you (The Partner) to offer your clients a free draw game to win prizes. The service is intended to be used as a retention and acquisition tool and, at no time, should purchase, payment or other financial contribution be necessary for a client to enter or win a Promotion. Any and all Promotions are void where prohibited by law. In addition, any clients registering for or participating in a Promotion are subject to our Official Sweepstakes Rules and Regulations and any other rules and regulations applicable to such Promotion (collectively, Rules). If this ToU conflicts with or is inconsistent with any Rules, such Rules will govern and be given precedence. BoonGames reserves the right to add, change, modify, suspend or discontinue any portion of the Service, in its sole discretion, at any time. Your use of the Site and/or the Service, including the availability of new services through the Site, shall be subject to this ToU. In addition, BoonGames may impose limits on any portion of the Service or restrict your access to portions of or the entire Site in its sole discretion without notice or liability.
BoonGames works through a virtual currency (BoonBucks) which will be purchased in batch by the Partner and allocated by the Partner to the their clients using the BoonGames API. Partners will typically allocate BoonBucks in relation to a purchase of a good or service offered by the Partner. At no time can BoonBucks be credited to a client in exchange for payment. Furthermore, the price of any good or service offered by the partner which results in their clients earning BoonBucks must not include any element that reflects the opportunity to participate in the promotions offered by BoonGames.
The advertising of BoonGame promotions should be carried out in socially responsible manner. Any partners offering their products and services in the United Kingdom and utilising BoonGames in this regions must comply with the UK Advertising Codes issued by the Committees of Advertising Practice (CAP) and administered by the Advertising Standards Authority (ASA).
BoonGames will attempt to contact the winner of any prize using the email address provided and any other information provided at the time of entry (or as subsequently updated) and held securely in our database. It is the entrant's sole responsibility to check and update these details. entrants must carefully check their contact details have been recorded correctly. It is the responsibility of the Partner to provide as much details as possible during the API registration of a player on BoonGames in order to facilitate communication to winners.
You agree that you will not engage in any activity that interferes with or disrupts the BoonGames Sites and Features or our Services (or the servers and networks which are connected to our Services) or use any service to manipulate your computer or other device to gain any advantage on any of our programs. Unless you have been specifically permitted to do so in a separate written agreement with us, you agree that you will not reproduce, duplicate, copy, sell, trade or resell our Services for any purpose. You further agree that your use of the BoonGames Sites and Features and our Services shall not be fraudulent or deceptive, or unlawful, as determined in our sole and absolute discretion. You shall also comply with all usage rules found throughout the BoonGames Sites and Features and/or our Services, including, without limitation, any Do's and Don'ts or other guidelines posted on any of the BoonGames Sites and Features. You agree to comply with the instructions set out in any robots.txt file present on the BoonGames Sites and Features and our Services. Without limiting the generality of the foregoing, you agree not to use the BoonGames Sites and Features or our Services in order to:
The interfaces, content, arrangement and layout of the Site including, but not limited to, the BoonGames trademark and logo, designs, text, artwork, graphics, images, buttons, user interfaces, information and other content, and any compilation of the foregoing (BoonGames Intellectual Property) are the property of BoonGames, except where otherwise noted, and are protected from copying, imitation, communication, or simulation under Maltese and international laws and may not be reproduced, modified, communicated, displayed, distributed, or transmitted without the prior written permission of BoonGames. You understand and acknowledge that, by visiting the Site, you do not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on the Site. You agree not to display or use any BoonGames Intellectual Property or third party content located on the Site in any manner not expressly permitted under this ToU.
We respect the copyrights of others and expect our users to do the same. We have a policy of terminating users who repeatedly infringe the copyrights of others. If you learn or believe that the Site or Service or any information on the Site, including any Content, infringes upon any copyright or other intellectual property that you own or control, you may file a notice under our Intellectual Property Policy. In the event of any third party claim that the Site or Service infringes that third party’s intellectual property rights, we will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BOONGAMES OR ANY OF ITS AFFILIATES, TOGETHER WITH ITS RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES AND AGENTS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS TOU, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (I) FOR ANY LOST OR CORRUPTED DATA, LOST PROFITS, LOSS OR DAMAGE TO ANY COMPUTER, MOBILE PHONE OR OTHER DEVICE OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, THE SOFTWARE AND/OR THE SERVICE, EVEN IF BOONGAMES AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (II) THE USE OR THE INABILITY TO USE THE SITE, THE SOFTWARE OR THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (V) ANY OTHER MATTER RELATING TO THE SITE, THE SOFTWARE OR THE SERVICE; OR (VI) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BOONGAMES AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE SHALL NOT EXCEED ONE HUNDRED EURO (€100). YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE, THE SOFTWARE OR ANY PORTION OF THE SERVICE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF THE SITE, THE SOFTWARE AND THE SERVICE.
You agree to defend, indemnify and hold BoonGames, and its successors and assigns, and their respective officers, directors, affiliates, agents and employees, harmless from and against any and all claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys fees and costs) arising out of or relating to (i) your use or misuse of the Site, the Software or the Service, (ii) your breach or alleged breach of this ToU, including, without limitation, a breach or alleged breach of any representation or warranty by you in this ToU; (iii) your violation of any law, rule, regulation or rights of others in connection with your use of the Site, the Software or the Service, or (iv) infringement, violation or misappropriation of any copyright, trade secret, or any other intellectual property rights or the violation of any property or privacy right arising from any of the User Content or Comments that you post on the Site or transmit through the Service.
This ToU shall be governed by, and will be construed under, the laws of the Malta