SECTION ONE - GENERAL INFORMATION
1.1 Terms and Conditions Binding
The Terms and Conditions and all other obligations and rules detailed in writing on the site (collectively, the "Terms and Conditions") are by and between Ntrails.com (referred to as, "the Site," "us," or "we") and everyone who uses the Site (referred to as, "you," "user," or "player"). Sponsor sites which participate in the games are referred to as “sponsors”. By using the Site, creating an account, and/or participating in any game or service offered on the Site, you accept and agree to be bound by all terms, conditions and notices contained or referenced on the Site, including the most current version of the Terms and Conditions. We may modify the Terms and Conditions at any time. Your continued use of the Site following such modifications signifies your acceptance of those modifications. You are responsible for reviewing the Terms and Conditions periodically for any such modifications.
The Terms and Conditions constitute the entire agreement between you and us pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of the Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.
1.2 Governing Law and Disputes
The Terms and Conditions will be governed and construed in accordance with the laws of England and Wales, irrespective of any principles of conflicts of law.
By registering for an account and/or participating in any game offered on the Site, you agree that any dispute that cannot be resolved between the parties shall be resolved individually, without resort to any form of class action. You further agree that any legal action arising from any dispute shall proceed only in courts located in England, or as otherwise determined by us, and you hereby submit to personal jurisdiction and venue in such courts for the purposes of litigating any such action.
1.3 Entire Agreement
The Terms and Conditions constitute the entire agreement between you and us and cannot be modified by you. The Terms and Conditions cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with the Site. Nothing in this subsection will prevent us from modifying the terms of the Terms and Conditions and posting such modifications on the Site.
If any portion of this agreement is held by a court with jurisdiction to be invalid or unenforceable, the remaining portions hereof, shall remain in full force and effect. Such court may substitute therefor a suitable and equitable provision to carry out, so far as may be valid and enforceable, the intent and purpose of the invalid or unenforceable provision and, if such court will not do so, the parties will negotiate in good faith to agree upon such a provision. If any provision of this agreement shall be judicially unenforceable in any jurisdiction, such provision shall not be affected with respect to any other jurisdiction.
SECTION TWO - CONDITIONS AND OBLIGATIONS
To be eligible to register and open an account and/or participate in any game offered on the Site, you must: (a) be a natural person at least 18 years of age or older, who is assigned to the e-mail address submitted on your account registration form; (b) be physically located in a jurisdiction in which participation in any game played on the Site is unrestricted by law; and (c) at all times abide by the Terms and Conditions. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
2.2 Additional Persons Not Eligible
Notwithstanding Section 2.1, the following persons are ineligible to receive any prize offered on the Site: employees, officers, and directors (and their immediate family members) of the Site, its parent companies, subsidiaries, and affiliates; and any other person with access to non-public information regarding the operation of any game offered on the Site. For the purposes of this section, immediate family members include parents, siblings, spouses, children, or any other person permanently residing in the same household with such employee, officer, or director.
2.3 Legality and Taxes
You are subject to all laws of the city, state, province and/or country in which you reside and from which you access the Site and are solely responsible for obeying those laws. Access to the Site may not be legal for some or all residents of, or persons present in, certain jurisdictions. You agree the Site cannot be held liable if laws applicable to you restrict or prohibit your participation. The Site makes no representations or warranties, express or implied, as to the lawfulness of your accessing the Site or participating in any game offered on the Site nor shall any person affiliated, or claiming affiliation, with the Site have authority to make any such representations or warranties.
The Site reserves the right (but has no obligation to you) to monitor the location from which you access the Site and to block access from any jurisdiction in which participation or access is illegal or restricted. The Site may require any participant receiving any prize to provide the Site with proof that he or she is, or was at the time the subject game was played, eligible to participate according to the Terms and Conditions. Without limiting any contrary provision of the Terms and Conditions, if the Site monitors your access or participation on the Site, the Site shall not be liable for the effectiveness of such monitoring. By accessing, using, or downloading in any way any materials on the Site, or merely browsing the Site, or creating an account and/or participating in any game or service offered by or through the Site, you represent and warrant that you are doing so in compliance with the Terms and Conditions and agree to indemnify and hold harmless the Site for any liability, claims, and damages (including lawyers' fees) arising out of or related to your violation of the Terms and Conditions.
We do not withhold any taxes from prizes and you remain solely responsible for paying all taxes in accordance with the laws that apply in your local, state, and/or country of residence.
2.4 Acknowledgment of Proprietary Rights
By registering for an account and/or participating in any game offered on the Site, you acknowledge that all information and trademarks, logos, and service marks (collectively the "Trademarks"), contained on the Site and on sponsor sites (including the names of all games and puzzles) may be protected, in all forms and media, by one or more valid copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that all such rights are owned by the Site or the sponsor sites. You may not modify, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit this information. The Site neither warrants nor represents that your use of materials displayed on the Site or on sponsor sites will not infringe rights of third parties. While the Site uses reasonable efforts to include accurate and up-to-date information, the Site makes no warranties or representations as to its accuracy. The Site assumes no liability or responsibility for any errors or omissions in the content of the Site.
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, are and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by the Site or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, Site promotion, marketing and posting. Furthermore, the Site is free to use any ideas, concepts, know-how or techniques contained in any communication you send to Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any additional compensation or other liability or obligation whatsoever to you.
Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site or sponsor sites without the written permission of the Site or such third party that owns the Trademark displayed on the Site or sponsor site. Your use or misuse of any Trademark displayed on the Site or sponsor site, or any other content on the Site, except as provided in the Terms and Conditions, is strictly prohibited. You are also advised that the Site will aggressively enforce its rights (including intellectual property rights) to the fullest extent of the law, including but not limited to, the active pursuit of criminal prosecution and/or civil litigation where appropriate.
2.5 Promotional Activities
By registering for an account, you agree that the Site may display your username and game records. By accepting any prize from the Site, you agree to allow the Site to print, publish, broadcast and use, worldwide, in any media and at any time, your name, picture, voice, likeness, and/or biographical information for promotional, marketing or related purposes without additional compensation.
If you send comments, questions or suggestions, including, but not limited to, notes, text, drawings, or computer programs, to the Site, such submissions shall become, and shall remain, the sole property of the Site. No submission shall be subject to any obligation of confidence on the part of the Site. The Site shall exclusively own all rights to, and shall be entitled to unrestricted use of, all such submissions without any compensation to you whatsoever.
2.7 Information Required
Upon registering with the Site for entry fee games, you are required to submit and maintain at all times the following current and correct information: an alias that will be your username, a password, your e-mail address, full name, permanent residential address, gender and optionally a phone number. The Site reserves the right, in its sole discretion, to change and/or suspend/terminate aliases as the Site deems fit. You may choose to play the free games on the Site without ever purchasing credits.
2.8 Accuracy of Information
You represent and warrant that all information you supply to the Site is complete, accurate and current. Knowingly submitting incomplete or inaccurate information, or failing to update and maintain current, complete and accurate information, may result, without limitation, in immediate termination of your account and forfeiture of any prizes or winnings.
2.10 Equipment and Recommended System Configuration
You need to provide all equipment and technology necessary to access the Site and play the games. Failure to provide all necessary equipment and technology may prevent you from being able to open an account, play games or access certain information that is available via the Site. The games offered on the Site will function best if your computer system meets the following requirements: Technical Specifications.
2.11 Message Board Policy
Rules of Conduct:
* The Site reserves the right to temporarily or permanently ban users who violate these rules of conduct or who in any way abuse the community purpose of the message board areas, as determined by the Site in its sole and absolute discretion.
* The Site reserves the right to remove any post for any reason or no reason.
* You must be at least 18 years old to participate in any part on the Site.
* Profanity, obscenities, or the use of **asterisks** or other "masking" characters to disguise such words, is not permitted.
* Obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language of any kind, as determined by the Site in its sole and absolute discretion, will not be tolerated.
* Site usernames will be displayed as 'Your Name'; impersonating other players is not allowed.
* Opinions or comments on the subject at hand are welcomed, but attacking (flaming) individuals, companies or products is not allowed.
* Please limit posting on message boards or the Site to the subject of the Site's games, message board or site content.
* Advertising or promotion of any kind, including without limitation other companies or URLs, is NOT allowed.
* Do not share personal information (your name, phone number, home address, and password) with others on the site.
* No patented, copyrighted or trademarked materials are allowed in messages.
* Information disclosed in the Site message boards becomes property of the Site and is revealed to the public. The Site is not responsible for any information you choose to disclose to others.
* Advanced fonts, java, tables, html, or other programming codes or commands are not allowed in messages.
2.12 Anti-Spam Policy
The Site is vigorously against the practice commonly referred to as "Spam". Users who are reported and whose claims of "Spam" are validated by the Site, will have their respective accounts either immediately TERMINATED or SUSPENDED, at the sole discretion of the Site. Additionally, any winnings (if any) may be voided at the sole discretion of the Site. The Site defines "Spam" as:
* Electronic mail messages addressed to a recipient with whom the initiator does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient;
* Messages posted to Usenet and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, or posted in excessive volume;
The Site may undertake, at its sole discretion and with or without prior notice, the following enforcement actions described in detail below:
* Account Suspension: Upon the receipt of a credible and validated complaint, the Site may also elect to immediately suspend the membership of the user implicated in the abuse. Suspension serves as a "Final" warning and will prevent the abuser from continuing their abusive "Spamming" behavior. The Site will evaluate each validated abuse incident on a case-by-case basis and impose Termination or Suspension at its sole discretion, and may void any associated winnings. The Site reserves the right to lift the suspension of a user at any time, at its sole discretion.
* Account Termination: Upon the receipt of a credible and validated complaint, the Site may immediately terminate the membership of the individual user implicated in the abuse and may void any associated winnings.
ABUSE REPORTING: If you wish to report a violation of our Anti-Spam Policy, please forward all evidence of abuse to: firstname.lastname@example.org Please refer responsibly!
2.13 Limitations on Participation
You may establish only one account per person to participate in the activities offered on the Site. The Site reserves the right to monitor all activities on the Site, including without limitation, any effort to establish multiple accounts; in the event the Site discovers that you have opened more than one account per person all additional accounts will be closed without notice and continued violation will result in the termination of any and all of your accounts and Ntrails may void any associated winnings. The Site also reserves the right to deny access to anyone, including, but not limited to, those players who use proxy servers and/or IP addresses residing in certain geographical areas.
The Site reserves the right to expire the Game Credits balance of any dormant account. Game Credits is defined as any credit deposited by Ntrails into an account, including, but not limited to, promotional credits, entry fee credits, accounting credits and prize credits. A dormant account shall be defined as any account that has been inactive for greater than one-hundred eighty (180) days. (see also 5.4 on dormant accounts)
2.14 Fraud and Abuse
The Site strictly prohibits user fraud and abuse relating to the access and use of the Site. In accessing the Site or participating in any activities, products or services offered by or through the Site, you represent and warrant that: (a) all information you supply is complete and accurate and not in violation of any applicable laws, regulations and the Terms and Conditions and (b) you will not circumvent or attempt to circumvent any provision of the Terms and Conditions or engage in any activity that interrupts or attempts to interrupt the operation of the Site or sponsor sites. Anyone who engages in, participates in, or displays behaviour that may be interpreted, in the Site's sole and absolute discretion, as the use of unfair methods on the Site or sponsor sites, including but not limited to, the opening and/or use of multiple accounts, the use of unauthorized or altered software or hardware to assist play (including the use of bots, bot nets, collusion with bots), harassment of other participants, posting of objectionable material, any breach of the Terms and Conditions, any breach of the security of your account or the Site or sponsor sites, or any other act (whether through the use of automated technology or otherwise) that unfairly alters your chance of winning or constitutes the commission of fraud (collectively, "Abuse"), you shall be subject to immediate sanction (as determined by the Site in its sole and absolute discretion), including without limitation: (1) immediate termination of your account and blocking of Site access; (2) any prizes, winnings and any other representative of value (if any) that you may otherwise have been entitled to receive shall be void and/or forfeited; (3) any prizes, winnings and representative of value already received by you shall be subject to disgorgement and/or recoupment by the Site. Without in any way limiting any provision of the Terms and Conditions, the Site expressly reserves the right to institute or seek any injunctive relief, civil and/or criminal proceedings against you and/or any of your co-conspirators arising out of or related to your commission of Abuse, including the right to recover fees and expenses (including attorneys' fees) and the right to report you and such abuse to any and all relevant regulatory authorities or governmental agencies.
Prizes are generally cash amounts. The total prize fund for any game will be shown on the Site. Since users will be able to join the game at any time (thus increasing the prize fund) the full list of actual prizes will not be able to be shown until the completion of the game. However, an indication of the estimated prize list will be shown on the Site before and during the game. Subject to para 3.2 below a preliminary list of winners and prizes will be shown immediately following each game.
The Site reserves the right to freeze a user's account and/or delay payment of prizes pending completion of any investigation of reported or suspected Abuse by a user.
If a player's account is closed by the Site for a violation of the Terms and Conditions, that player's winnings may be voided and not paid to that player. In such an event, the winnings will be added to the following game’s prize fund.
In the event of a tie for any prizes in any game, the prizes for the tied places will be added together and divided equally.
If a game has to stop prematurely, such as for maintenance or technical problems, the game will be rerun at the Site’s discretion. It is not possible to account for every possible situation in this agreement, however in the event of a game stopping prematurely the Site will determine in its sole and absolute discretion the fairest possible solution for all players, and post notices on the Site to advise players of its decision.
To encourage as many players as possible, thus increasing the Prize Fund, players will be limited to winning 2 prizes in any 6 week period. The 2 prizes relate to prizes for any winning position as stated on the website for each week’s Treasure Hunt. Players who are prevented from winning a further prize in the current week’s Treasure Hunt under this rule will still be allowed to participate in the game if they so wish, but will be prevented from continuing beyond game 19 until all winning positions have been filled.
SECTION THREE - DISCLOSURES
The results of games offered on the Site depend on the number of players participating in such games and the skill of the players in such games; precise odds of winning are therefore unavailable.
3.2 Winners Lists
A preliminary list of winners will be posted on the Site immediately following each game. Final lists may be delayed for up to five (5) business days while verification of the results takes place in order to help prevent potential Abuse. Final winners will be posted following completion of the applicable game.
SECTION FOUR - LIMITATION OF LIABILITY
4.1 General Disclaimer
BY REGISTERING FOR AN ACCOUNT AND/OR PARTICIPATING IN ANY GAME OFFERED ON THE SITE, YOU AGREE THAT: (1) THE SITE IS NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM USE, ACCESS, OR ATTEMPTED USE OR ACCESS OF THE SITE; (2) THE SITE IS NOT LIABLE FOR ANY DAMAGE, LOSS, OR INJURY CAUSED BY DOWNLOADING ANY INFORMATION FROM THE SITE; (3) THE SITE IS NOT LIABLE OR RESPONSIBLE FOR LOSSES DUE TO VIOLATIONS OF THE TERMS AND CONDITIONS BY OTHER PLAYERS; AND (4) THE SITE HAS NO RESPONSIBILITY TO ENFORCE THE TERMS AND CONDITIONS FOR THE BENEFIT OF OTHER PLAYERS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT THE SITE IS NOT LIABLE FOR ANY DAMAGE TO YOUR PERSONAL COMPUTER, ANY DAMAGE, LOSS, OR CORRUPTION OF DATA, OR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM USE OF THE SITE.
The Site also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site (or sponsor site) or your downloading of any materials, data, text, images, video or audio from the Site or sponsor sites.
In case of a malfunction or disruption of service for which the Site is responsible that prevents you from completing a game in which you have begun to participate, the Site will, upon receipt of a refund request and verification of the status of the alleged malfunction or disruption of services, refund the entry fee charged for that unfinished game entry only. The Site reserves the right to determine, in its sole discretion, whether it is responsible for any such malfunction or disruption. The Site also reserves the right to limit your game play or terminate your account should the Site determine, in its sole discretion, that you have intentionally caused such a malfunction or disruption. The Site is not liable for any potential winnings from any unfinished game.
In addition, the Site shall not in any circumstances be liable for any loss of whatever nature, including, without limitation, loss of profits, indirect, special or consequential loss, suffered or incurred by you or any other person arising from the withdrawal of any game or from the participation or non-participation of any person in any game, including the loss, for whatever reason, of the chance to participate in such game. In particular, but without prejudice to the generality of the foregoing, the Company shall not be liable to any person:
* (a) for any event beyond the Company's reasonable control including, but without limitation, any act of God, war, strike, lockout, industrial action, fire, flood, drought, tempest, power cut and/or failure or obstruction of any network, broadcasting or telecommunications service;
* (b) for the failure of, or damage or destruction to, or any errors caused by the computer systems or records of the Site or any third party (including, without limitation, the Site and/or sponsor sites), or any part of any of the foregoing;
* (c) for delays, losses, errors or omissions in or made by the postal or other delivery service or by the banking system;
* (d) for any other action or event which prevents or hinders the issue of a game credit;
* (e) for the refusal to sell a game credit to any person or to allow any person to play a game;
* (f) for any losses caused by players, including misuse or unauthorised use of passwords, software or equipment, money lost by playing the game and failure or malfunction of your equipment or technology or your internet service provider or Mobile Network operator.
4.2 No Warranty
ALL GOODS AND SERVICES PROVIDED ON THE SITE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH THE SITE HAS AUTHORITY TO EXTEND SUCH WARRANTIES.
4.3 Credit/Debit Card Use
You agree that the Site is not liable for any loss caused by any unauthorised use of your credit/debit card or other method of payment by a third party in connection with the Site.
Any attempt to defraud the Site through the use of credit/debit cards or other methods of payment, regardless of the outcome, or any failure by you to honour legitimate charges or requests for payment will result in immediate termination of your account, forfeiture of any prizes to which you are otherwise entitled, and active pursuit of civil litigation and/or criminal prosecution.
4.4 Hacking, Tampering, or Unauthorised Access
By registering for an account and/or participating in any game offered on the Site, you agree that the Site is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Site or your account.
Any attempt to gain unauthorized access to the Site's systems or any account, interfere with procedures or performance of the Site or sponsor sites, or deliberately damage or undermine the Site or sponsor sites is subject to civil and/or criminal prosecution and will result in immediate termination of your account and forfeiture of any prizes to which you are otherwise entitled.
Any attempt to participate in any game offered on the Site by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to the Site, will result in active pursuit of civil litigation and/or criminal prosecution, termination of your account, and forfeiture of all prizes to which you might otherwise be entitled.
4.5 Accounts for Individual Use Only
You, as the holder of your account, are solely responsible for all obligations and, assuming compliance with the Terms and Conditions, are entitled to all benefits accruing thereto. You may not allow any other person to access your account, access the Site, accept any winnings, or participate in any game using your account information. Your account is not transferable to any other person. By registering and/or participating in any game offered on the Site, you agree to indemnify, defend, and hold the Site harmless from or for any claims, liability, damages, and/or costs (including attorneys' fees) arising from any use of your account by any person.
4.6 Account Termination
The Site reserves the right to terminate your account, limit or prohibit your participation in any game for any reason, including but not limited to any Abuse (see Section 2.14) by you.
By registering for an account and/or participating in any game offered on the Site, you consent to allow the Site to access your account information to investigate complaints or other allegations of Abuse.
If applicable, all charged monies (deposits), less entry fees, will be returned to the player. All winnings (if any) may be voided at the sole discretion of the Site.
SECTION FIVE – MISCELLANEOUS
The English language version of this agreement is the controlling version thereof. All support and other inquiries regarding your use of the Site must be submitted to Ntrails in English, and Ntrails will communicate in English only.
5.2 Confirmation of Information Supplied
We reserve the right to carry out checks or request information from you from time to time during or after registration to check that the information supplied is accurate, including requiring you to supply further documentation to verify your age or identity or to request an authentication agency to verify your identity. We reserve the right to refuse to pay a player a prize if the information supplied is inaccurate or fails to comply with these Terms and Conditions.
If you notify your credit/debit card supplier that unauthorised use of your credit/debit card has been undertaken in relation to entry fees for games and the card supplier requests that the relevant sums be returned by us to you ("Chargeback"), we will suspend your account and ask you to contact us. If you have any disagreement with the charges made to your credit/debit card please CONTACT US BEFORE YOU CONTACT YOUR CREDIT/DEBIT CARD SUPPLIER for the purpose of cancelling any charges. You can either email or telephone us stating the reason why you dispute the charges. This will then enable us to assess your complaint and, if justified, credit your card or account with the disputed amount.
5.4 Dormant Accounts
If an account becomes dormant (a dormant account shall be defined as any account that has been inactive for greater than one-hundred eighty (180) days) and there is a credit balance on that account, we will use all reasonable endeavours to contact you (or your personal representatives (where appropriate)) to determine your wishes in respect of that balance. If we are unable to contact you, we may at our discretion, retain the credit balance and terminate the account.
5.5 Sponsor Sites
You must comply with the terms and conditions of any sponsor site visited through participation in any game.
5.6 Decisions of the Site Binding
The exercise by the Site of any discretion contained in these Terms and Conditions shall be final and binding.
Nothing in these Terms and Conditions shall exclude or limit any person's liability (a) for fraud; (b) for death or personal injury caused by its negligence or (c) for which it is not lawfully permitted to exclude or limit.