WAGEROO Service Agreement - Terms and Conditions

Last Update: September, 2009

The Terms Of Service ("Terms of service") set forth the basis on which you are permitted to access and use the WAGEROO website (the "Website"). Please read the Terms of service carefully before using this Website. By accessing and using the Website in any way, including without limitation browsing this website, you agree to and are bound by the Terms of service 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. WAGEROO reserves the right to modify the Terms of service at any time without the requirement of any notice to you. The last modification date will be indicated on the top of this agreement.

Eligibility and Registration

You affirm that you are either more than 18 years of age, or are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. You may not submit anything to the Site, or provide any information about yourself, to WAGEROO unless you are at least 13 years old, even if you have the consent of a parent or guardian to do so.

General Rules and conditions

The site facilitates the operation of online wagers including dares and challenges posted by users ("Wagers"). The purpose of the site is to provide a platform for Wager execution for fun. Registering and participating in the site is free of charge, and Wagers for any true currency (U.S or otherwise) are not allowed. Set forth below are the general terms of service ("General Rules") for creating or participating in Wagers on the site.

Creating and participating in a Wager: Any registered user can create a Wager or participate in an existing Wager. Any user who creates a Wager is referred to as the "Wager Owner" and is responsible to post the Wager outcome once the outcome date is due. The Wager Owner is also responsible to create the Wager in a clear manner, preferably supported by media of some sort (Video clip, Photo or Audio). Any user who participates in a Wager can post Wager comments, and will be asked to leave feedback for the Wager Owner. WAGEROO may be the Wager Owner for some Wagers, which may have a sponsor who provides prize(s) for the Wager. By participating in a Wager, participants certify that he/she has followed and agreed to be bound by these General Rules and Terms of service. All entrants consent to use of name, likeness, entry material in any manner by WAGEROO or the Sponsor or any other third party for advertising and trade without compensation, unless prohibited by law.

Wager Outcome: When creating a Wager, the Wager Owner can set an outcome decided by the Wager Owner at the outcome date. The outcome is designated for Wagers whose result is factual and not subject to opinion, and can be easily proven (e.g., sporting events). In the event that the Wager Owner does not post an outcome in a timely fashion (7 days) after the Wager outcome is due, the Wager will be cancelled and all user balances updated. All users are encouraged to verify the type of Wager and potential Wager outcomes before joining a Wager, and agree to be bound by the decisions of the Wager Owner, and in the case of a Sponsored Wager, by the Wager Sponsor. WAGEROO will only provide users with a platform to create and participate in Wagers, but those Wagers are not administered by WAGEROO and we are in no way responsible for the Wager content, the outcome or settlements of prizes. Note that Wager participants are able to leave negative feedback to the Wager Owner or to Report the Wager Outcome, and in extreme cases the site may interfere and may discontinue a user account under its sole discretion.

Eligibility in non-prize Wagers: WAGEROO is an entertainment platform for Wagers for fun. All site users are welcome and eligible to create or participate in non-prize Wagers, in accordance with these General Rules and Terms of Service.

Eligibility in for-prize Wagers: WAGEROO is a platform for Wagers for fun - Wagers for real money are not allowed. To create or participate in Wagers for prizes with real value (either Sponsored or non Sponsored Wagers), you must be 18 years or older and located in a jurisdiction where this is not prohibited. Employees of WAGEROO, its affiliates, and their immediate families are not allowed to participate in any for-prize Sponsored Wagers.

Invitations: If you are a Wager Owner or Wager Participant, you are encouraged to share the Wager with friends and family and ask them to join the Wager. However, no user is allowed to send spam. You may not create multiple accounts to join a Wager more than once.

Member Disputes: You are solely responsible for your interactions with other WAGEROO Members. WAGEROO reserves the right, but has no obligation, to monitor disputes between you and other Members.

The Website and Ownership Issues

This Website is intended to provide a platform for creating, sharing, broadcasting, and exchanging information, knowledge, reviews and opinions on Wagers, dares and challenges on any subject. The Website contains information and various graphical and illustrated content, provided by the people using the service ("Content"). The Content also includes the User Submissions described and defined below. With the exception of the Content contained herein, all rights, including without limitation, all copyrights, trademarks, trade secrets, trade dress, logos, design, and other intellectual property and moral rights in and to this Website, are and will remain the sole and exclusive property of WAGEROO or its third party providers.

Use of Website Content

This Website is primarily based on Content provided by the people using the Website. Be advised that you are strictly forbidden from posting any Content which you know to be false, inaccurate, misleading, defamatory, illegal, inappropriate, libelous, offensive, intrusive, menacing, harmful, infringing, pornographic or vulgar (including personal information or information identifying any person unlawfully), or Content which may incite criminal conduct, violence, sadism, cruelty or racial, sexual, or religious hatred/discrimination. You further agree not to provide any Content which may contain viruses or any other technological means which may harm people using the Website, or the interests or property of WAGEROO. You may not provide names and contact details of minors without the express permission of a legal guardian.

By posting Content on the Website, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, WAGEROO and its contractors an irrevocable, perpetual, non-exclusive, royalty-free, fully sub licensable, fully paid-up, worldwide license to use, copy, modify, edit, publicly display, digitally perform, and distribute such Content and to prepare derivative works of and/or incorporate such Content into other works.

You may use the Website and Content for personal purposes only. You may not copy or use the Content or permit copying or usage by others, for any commercial purposes whatsoever. You are also not permitted to display, modify or distort the Content or its appearance in any manner.

WAGEROO reserves the right at all times to disclose or remove any Content received from you as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request or in accordance with these Terms of service.

Abusive Content: You understand and agree that WAGEROO may review and delete any Content that under WAGEROO's sole discretion violates the Terms of service or which might be offensive, illegal, or violate the rights of, harm, or threaten the safety of other people using the Website. In addition, each person logged onto the Website may notify WAGEROO that he or she considers certain Content to be abusive and offensive and provide reasons supporting such notification, and WAGEROO may, at its discretion, examine the contested Content and temporarily remove any such Content from the website. In the event WAGEROO determines that such removed Content is in fact abusive, at WAGEROO's sole discretion, such Content will be removed permanently from the Website. WAGEROO further reserves the right to terminate your access to the Website at any time, without notice, in the event of continuous uploading of abusive Content.

Member Conduct

You may not use WAGEROO for any illegal or unauthorized purpose.

If you wish at any point to terminate your membership, please contact us at support@WAGEROO and WAGEROO will remove your membership subscription. Please note that we will not remove from the site any material related to previous or existing Wagers you have created or participated in.

You are solely responsible for the content of any Wager, dare or challenge, and any textual data, photos, video clips, audios and links you display on the website. From time to time, we may remove material which under our sole discretion thought to be unlawful or inappropriate according to the site Terms of service. Cheating or using multiple accounts is not permitted and will result in deleting your account.

Please be aware that WAGEROO may terminate one's membership, or suspend use of the services offered to members for a set period, without prior notification, in any instance in which WAGEROO, at its discretion, believes that continuing such membership may cause harm to the Website, its users, or any other person. Such instances may include, but are not limited to, the following:

1. Behavior that is contrary to public order or propriety
2. Unlawful behavior
3. Using or planning to use the services herein with the goal of harming national or public interest
4. Use of someone else's username and password
5. Defamation of character or behavior injurious to another individual
6. Registering as a member twice under different usernames
7. Actions harming the positive use of the Website;

Users Submissions

As part of the services provided by the Website, WAGEROO is thrilled to offer its users the opportunity to submit their own Wagers, participate in existing Wagers, and contribute to our Wagers comments and user forum.

Notwithstanding the foregoing, please be advised that WAGEROO is entitled to, at its sole discretion and without a need to explain, edit, erase, revise, postpone and/or deny publication on the Website any user submission. You acknowledge that your submissions do not grant you the right to have such submissions published on the Website nor do they entitle you to receive any remuneration whatsoever with respect thereof.

By posting any type of information on the Website, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, WAGEROO, its editors, and contractors an irrevocable, perpetual, non-exclusive, royalty-free, fully sub licensable, fully paid-up, worldwide license to use, copy, modify, edit, publicly display, digitally perform, and distribute your posted information and to prepare derivative works of and/or incorporate such information into other works.

Please be further advised that WAGEROO is not responsible and will bear no liability whatsoever for any actions, responses, talkback, commentary, or feedback of any kind which may be generated by users of the Website with respect to your submissions. WAGEROO does not control and will bear no liability whatsoever for any use of your submissions that may be made by users of the Website.

Copyright Policy

If you are a copyright owner or agent of an owner and believe that Content on this Site or anything else on this Site infringes your intellectual property rights, please provide us the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the site; your address, telephone number, and email address; a 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 provided by you is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Privacy

We care about the privacy of our users. By using WAGEROO, you are consenting to have your user data and usage data available to us. Please review our WAGEROO Privacy Policy posted on the Website for details.

No Unlawful or Prohibited Use

It is forbidden to use the Website for any purpose that is unlawful or prohibited by applicable law or the terms of service provided herein. You may not place Wagers on unlawful or illegal events and you may not stimulate people to behave unlawfully or against their will. It is forbidden to pursue any activity which will impair any other person's use and enjoyment of the Website (other than accepting an "All In' Wager and bankrupting another use). You may not attempt to gain unauthorized access to the Website or any part thereof, or the computer systems or networks connected to any WAGEROO server through any means. You may not obtain any materials or information through any means not intentionally made available to you by the Website.

Links

The Website may contain links to third party websites. WAGEROO is not responsible in any manner for the content of such websites and, moreover, makes no recommendation or endorsement as to such websites or the products or services offered thereon.

Disclaimer

We wish to make it clear that using the Website is entirely at your own risk. Be aware that WAGEROO does not control the Content posted via the Website. Any information and Content are provided on an "As Is" basis, and WAGEROO does not provide any warranty whatsoever, whether express or implied, with respect to the reliability, accuracy, integrity, quality, merchantability, or non-infringement of such information and Content. You understand that by using the Website you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will WAGEROO be liable in any way for any Content, including any errors, inaccuracies, or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content or cessation of this Website. You are responsible for complying with all laws applicable to the Content you submit via the Website. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content. Please note that WAGEROO is not a gambling website. WAGEROO provides the platform for users for enjoyment and social use. WAGEROO is not liable for any losses you may incur, settlement issues, cancellation of Wagers and any other opportunities missed due to discontinuation or mal function of the services provided.

Indemnity

You agree to indemnify and hold WAGEROO, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

Limitation Of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WAGEROO, ITS OFFICERS, DIRECTORS AND/OR EMPLOYEES, WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR INABILITY TO USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY LOSS OR DAMAGE TO BUSINESS EARNINGS, LOST PROFITS OR GOODWILL, AND LOST OR DAMAGED DATA OR DOCUMENTATION, SUFFERED BY YOU AND/OR ANY ENTITY AND/OR PERSON ARISING FROM AND/OR RELATED/CONNECTED TO ANY USE OF THE WEBSITE, EVEN IF WAGEROO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT WILL WAGEROO, ITS OFFICERS, DIRECTORS AND/OR EMPLOYEES AGGREGATE LIABILITY TO YOU, FOR DAMAGES OF ANY KIND RELATING TO, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE AND THE CONTENT, EXCEEDING THE SUM OF ONE UNITED STATES PENNY (US$.01).

GOVERNING LAW AND JURISDICTION

Your use of the Website and the Terms of service will be governed in all respects by the law of the state of Georgia. You agree that any action brought against WAGEROO Inc arising out of or relating to the Website or these Terms of service may be brought only before the competent courts of Georgia.