Terms of Use

Latest Update 03/17/08

Welcome to www.wagerville.com (the 'Website'), the destination for friends to create fun and friendly wagers. It is a fun place where you can create or participate in challenges with your friends.

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 www.wagerville.com 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 www.wagerville.com so that you will be aware of any changes, and to ensure that you agree with them. Your continued use of www.wagerville.com after any such changes constitutes your acceptance of the new T&CS. Any friendly wagers created, placed and accepted 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 friendly wager was created, placed or accepted (as applicable).

ELIGIBILITY AND REGISTRATION

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. While the intent of this site is strictly “friendly wagering” some user may chose to use it in manners suiting their purpose.

By registering you represent and promise 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 enter your username and password and you will be responsible for all activities occurring associated with such and for keeping your password secure. We may delete your account if it is obvious you are attempting to impersonate someone else, or if you use a name that 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 friendly wager in which you are involved. We reserve the right to declare null and void any friendly wagers which are the subject of such an error.

You undertake to protect your email address, 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 WAGERVILLE and hold WAGERVILLE 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 friendly wagers, whatever is specified in the “Winner Gets” field, WAGERVILLE is not responsible for providing any item therein specified. Transferal of whatever is wagered from the losers to the winners is your responsibility. You are fully expected to honor your commitment to the winning party (ies), this is your responsibility not the responsibility of WAGERVILLE.

MEMBER CONDUCT AND APPROPRIATE CONTENT

You may use the Wagerville site only for your personal, non-commercial use. You may not use the Wagerville site 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 States or your country of residence (where you are located outside the USA) and all relevant laws. You are solely responsible for your conduct and any data, text, wagers, 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.

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 WAGERVILLE have any obligation to you to check the accuracy or truthfulness of any Materials, nor to monitor any Member's use of the Wagerville site.

You recognize that the Wagerville site simply provides a platform for registrants to create and participate in friendly wagers with other Members. Those wagers are not administered by us and by participating in a wager you accept the rules of the wager as imposed by the wager creator and trust his/her judgment on how to settle it. We are in no way responsible for how the outcome of the friendly wager is determined or at what time this is done, how Members settle their wagers, or the content of those wagers and to whom they have been exposed.

WAGERVILLE cannot be held responsible for the accuracy or reliability of any statement, opinion, or advice given, or for any libelous, defamatory, illegal or offensive content or conduct, by any Member. You agree to notify WAGERVILLE (as provided on the Contact Us page) of any such content or conduct which comes to your notice.

You acknowledge that we do not 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 Wagerville site. 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 Wagerville team understands, WAGERVILLE will retain the right to remove it and/or cancel the related friendly wager).
• 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 WAGERVILLE.
• Create a false or misleading identity (including, but not limited to, that of a WAGERVILLE 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 Wagerville site 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 Wagerville site, other accounts, computer systems or networks connected to the Wagerville site, through password mining or any other means.
• Modify, adapt, translate, or reverse engineer any portion of the Wagerville site, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Wagerville site.
• Reformat or frame any portion of the web pages that are part of the Wagerville site.
• 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 Wagerville site.
• 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 Wagerville site.
• Harvest or collect email addresses or other contact information of Members, including nicknames, from the Website by electronic or other means.
• Use any wager as a way to play for money, by entering monetary stakes in the “winner gets” description or detail entry boxes. Moreover, in the spirit of the Wagerville site and its non commercial use, you should certainly not create or participate in any friendly wager that would have significant prizes at stake.
• Expose friendly wagers that were intended to remain private.
• Invite or entice people who are not allowed to participate in a wager pursuant to the T&CS to participate.

You undertake to use the Wagerville site for legitimate non-business use only (the Website is designed to be a place for its Members to have fun, make friendly wagers, with no exposure and risk). In particular, you undertake not to (i) engage in any activity or behavior 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 friendly wager 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 Wagerville or which might negatively affect other Members.

You will not use the Wagerville site 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 Wagerville, 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 Wagerville, including any appointed personnel, may at any time without notice cancel a wager, 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 WAGERVILLE SITE

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

DISPUTE RESOLUTION

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

For all wagers, once settled, all participants have the right to vote and opine on their experience, and indicate if they agree or disagree with the outcome. WAGERVILLE also reserves the right to cancel or (in some rare cases) the right to decide on the outcome of a wager, at any time, in whole or in part – for example by removing some participants. WAGERVILLE will be able to do this even if participants have already joined, or in some cases after the Wager had already been settled by the participants themselves. This will typically happen if serious inappropriate content or behavior (e.g. inappropriate or illegal wagers, wagers that have been subject to fraud/cheating by some or all participants, or wagers in violation of these T&CS) has been brought to WAGERVILLE’S attention (i.e. flagged as inappropriate by a Member or spotted by our own algorithm or abuse team).

WAGERVILLE does not provide a service to ensure that the right “winner gets” will be transferred from the losing side to the winning side. This will be the participants’ full responsibility. Similarly, if participants have joined a wager where the Wager Creator has claimed he/she will give all or part of the proceeds/prize to a charity of their choice, it is the Wager Creator's responsibility to do so.

PROPRIETARY RIGHTS

WAGERVILLE does not claim any ownership rights in any Materials that you submit, post, or display on or through the Wagerville site or on the Website. After submitting, posting or displaying Materials on or through the Wagerville site 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 Wagerville site, you hereby grant to WAGERVILLE, in consideration for using the Wagerville site, 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 Wagerville site (the "Licence"). This includes the right to extend the use of any information posted in any form on the Wagerville site to potential partners of WAGERVILLE (e.g. to establish charts of "Top Wagers" with third parties).

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

WAGERVILLE and its affiliates and licensors own and retain all rights in the Website and the Wagerville site, 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 Wagerville site by WAGERVILLE. Except as expressly authorized by WAGERVILLE, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of WAGERVILLE's proprietary information.

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. WAGERVILLE 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 Wagerville site Privacy Policy.

INTERNET ACCESS

WAGERVILLE 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 wagers 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 wagers. Just send an eMail to support@wagerville.com requesting we terminate your membership. Please note that WAGERVILLE reserves the right to keep your Account open for as long as you are still involved in a wager.

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

WAGERVILLE may also, at its sole discretion and at any time, discontinue temporarily or permanently providing the Wagerville site, or any part thereof, with or without notice. Where possible, WAGERVILLE will use reasonable efforts to give Members fair notice of termination or suspension of their access to the Wagerville site. However, you agree that any termination of access to all or part of the Wagerville site under any provision of the T&CS may be effected without notice, and acknowledge and agree that WAGERVILLE 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 Wagerville site (including wagers that you are currently involved in). Further, you agree that WAGERVILLE shall not be liable to you or any third party for any termination or suspension of access to the Wagerville site or modification of the Wagerville site.

COMPENSATION

You agree to compensate in full, and at WAGERVILLE’s request defend, WAGERVILLE, 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 Wagerville site, 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, WAGERVILLE will provide you with written notice of such claim, suit or action.

EXCLUSIONS AND LIMITATIONS

You agree that your use of the Wagerville site is entirely at your own risk. WAGERVILLE can not be held responsible for any damages or injuries resulting from Wagers that are posted on the site.

The Wagerville site, and all materials, information (including, without limitation, text, graphics, links or any information or materials obtained or accessed through the Wagerville site), products and services included therein are provided 'as is,' 'with all faults', 'as available', with no warranties whatsoever. WAGERVILLE 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.

WAGERVILLE and its affiliates, licensors, partners, members, suppliers, employees, consultants, agents and group companies of its agents 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 Wagerville site.

WAGERVILLE further expressly disclaims (i) that the Wagerville site 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 Wagerville site 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 Wagerville site the content made available as part of the Wagerville site will be correct, accurate, timely, or otherwise reliable.

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

WAGERVILLE 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 unauthorized use, whether fraudulent or otherwise.

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

WAGERVILLE is 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 Wagerville site, impede the placing of orders for Wagers or the matching of wagers, or prevent you from being able to contact us.

WAGERVILLE is not liable for the acceptance or settlement of any offers for wagers where we do not receive communication of that acceptance or where we are unable to display that Wager in the 'All Wagers' pages of our Website or we have not received your instruction to cancel an offer for a Wager or where, for any reason, we fail to process any instruction in good time.

WAGERVILLE is not liable for the missed opportunity that may result from wagers 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 wager has been settled).

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

Under no circumstances will WAGERVILLE 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 Wagerville site, whether or not WAGERVILLE has been advised (or should have known) of the possibility of such damages or loss. Without limiting the foregoing, under no circumstances shall WAGERVILLE be liable to you for any amount exceeding one thousand USD ($1,000.00). If you are dissatisfied with the Wagerville site (or any part of it) your sole and exclusive remedy is to discontinue using the Wagerville site.

NOTICES

WAGERVILLE may provide you with notices regarding the Wagerville site 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 Wagerville site and WAGERVILLE 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 The United States. You irrevocably agree to submit, for the benefit of WAGERVILLE, to the exclusive jurisdiction of the USA 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 Wagerville site.

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 WAGERVILLE 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 Wagerville site 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 Wagerville site, you confirm that you fully understand and agree to be bound by these T&CS as modified and/or amended by WAGERVILLE from time to time. These T&CS constitute the entire agreement between you and WAGERVILLE 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.