Termo de Acordo do Usuário
Effective Date: April 06, 2017
This User Agreement (this “Agreement”) is a contract between you (“you” or “User”) and BreakingBet with its primary place of business located at Russian Federation, Murmansk region, Murmansk city, street Karl Liebknecht, 27A, Polarweb LLC (“BreakingBet”, “we,” or “us”). You must read, agree to, and accept all of the terms and conditions contained in this Agreement in order to use our website located at www.breaking-bet.com, affiliated mobile website and mobile application, owned and operated by us (collectively, the “Service”).
This Agreement includes and hereby incorporates by reference the following: definitions in agreement, subject matter of the agreement, rights and obligations of the parties, account registration; profile, cost and payment, disclaimer of warranties, links to the third party sites, exclusion of liability, dispute resolution, indemnity, intellectual property, mobile and other devices, term of agreement.
Subject to the conditions set forth herein, BreakingBet may, in its sole discretion, amend this Agreement at any time by posting a revised version on the Service. If the Substantial Change includes an increase to Fees charged by BreakingBet, BreakingBet will provide at least 30 days’ advance notice of the change, but may not provide any advance notice for changes resulting any other revisions. Any revisions to the Agreement will take effect on the noted effective date or when posted if there is no noted effective date (each, as applicable, the “Effective Date”). Agreement is available at https://breaking-bet.com/en/useragreement
Your continued use of the Service after the Effective Date of a revised version of this Agreement constitutes your acceptance of and agreement to be bound by the Agreement as revised.
YOU UNDERSTAND THAT BY USING THE SERVICE AFTER THE EFFECTIVE DATE, YOU AGREE TO BE BOUND BY THE TERMS OF AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF AGREEMENT IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE SERVICE AFTER THE EFFECTIVE DATE.
1. Definitions in agreement
1.1. The following words and expressions and abbreviations shall, unless the context otherwise requires, have the following meanings:
Agreement – means this user agreement (public offer) between User and BreakingBet such is available at https://breaking-bet.com/en/useragreement
Account – means the account you open when you register to become a Service User and use the Service.
Service – means all services that are accessible through the website and affiliated mobile website and mobile application which functions under the domain www.breaking-bet.com controlled and offered by BreakingBet.
User – means the User that creates the Account and authorized utilizing the Service.
2. Subject matter of the agreement
2.1. This Agreement is an official offer (public offer) of the business entity, BreakingBet, and contains all essential terms of Service provision.
2.2. By registering account on the Service (an “Account”), or by clicking to accept the Agreement when prompted on the Service, you are deemed to have executed this Agreement effective on the date you register your Account or click to accept the Agreement. Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement. You are responsible for the accuracy of information provided during registration.
2.3. The Service performs scanning of bookmaking offices' lines in automatic mode and delivers information on arbitration situations (surebets) resulting from the analysis of these lines. Information posted on the Service is provided to the User by subscription, according to the selected pricing plan.
2.4. The Service is not a financial instrument, it does not render services on management of funds attracted from third parties, and is not a bookmaking office or a game of chance.
3. Rights and obligations of the parties
3.1. Responsibilities of the BreakingBet:
3.1.1. Provide the Service in accordance with the selected pricing plan.
3.1.2. Publish official reports related to Service and change of payment costs, on the Service, as well as send them at subscriber e-mail, if necessary.
3.2. User Responsibilities:
3.2.1. The User undertakes to verify the adequacy of information provided by the Service with their own eyes directly before any possible use of such information.
3.2.2. The User assumes any and all risk and possible losses or profits associated with the use of information provided by the Service.
3.2.3. The User undertakes not to spread any information obtained from the Service without the Administration’s consent.
3.2.4. The User undertakes not to use any automatic tools (robots) for multiple readings of information provided by the Service.
3.2.5. The User shall pay the BreakingBet for the right to use the Service in accordance with the provisions of Clause 5.
3.3. The rights of the BreakingBet:
3.3.1. The BreakingBet is entitled to restrict the User’s access to the Service in case if the User does not abide by this agreement. If there is a reason to suspect the User of violation of any paragraphs of this Agreement, the User’s access to the Service may be blocked until the circumstances are clarified.
3.3.2. The BreakingBet has the right to add or eliminate these or those data and services at discretion.
3.3.3. The BreakingBet has the right to change the costs of pricing plans that are provided to the User. New costs of pricing plans take effect from the date of their publication on the Service. Changes in costs of pricing plans for prepaid Service are not carried out.
3.4. User's rights:
3.4.1. Use the Service for noncommercial, personal use only, regardless of the pricing plan selected.
3.4.2. Receive information from the BreakingBet about the Service, cost, and the order of the Service.
3.4.3. Refer to the BreakingBet with complaints and suggestions for improving the quality of Service.
4. Account registration; profile
4.1. To use the Service, you must register for an Account. By registering for an account, you must complete a User profile (“Profile”).
4.2. To register for an Account, you must be, and hereby represent that you are, an individual 18 years or older who can form legally binding Agreement.
4.3. You represent that you are not a citizen or resident of a geographic area in which access to or use of the Service is prohibited by applicable law, decree, regulation, treaty, or administrative act.
4.3.1. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the Service.
4.3.2. You confirm that you are not a US citizen and are not located in the United States.
4.4. You agree to provide true, accurate, and complete information on your Profile and all registration forms you access on the Service or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness.
4.5. You agree to receive electronic messages from the Service, including electronic mailing. You can unsubscribe from e-mail at any time.
4.6. You agree not to provide and to correct any information on your Profile that is or becomes false or misleading.
4.7. You agree not to register for more than one User Account without express written permission from us.
4.8. You agree not to ask or allow another person to create an Account on your behalf, for your use, or for your benefit.
4.9. «BreakingBet» reserves the right, in our sole discretion, to refuse, suspend, or revoke your access to the Service upon discovery that any information you provided on any form on the Service is not true, accurate, or complete, or such information or other conduct otherwise violates the Agreement, or for any other reason or no reason in «BreakingBet» sole discretion.
5. Cost and payment
5.1. The costs of pricing plans are indicated at https://breaking-bet.com/en/tariffs
5.2. Payment of pricing plan is made to the account of BreakingBet. Payment may be made by the User using payment cards of international payment systems Visa, MasterCard in real time on the Service.
5.3. Payment is made for the period which is calculated in days, depending on the type of pricing plan. The Service can be paid at least for the minimum possible period of provision of this particular service. Payment is fixed and paid by the User, regardless of using the Service or not.
5.4. The payment for the Service shall be considered approved and User reference account replenished after receipt of the information from the bank about transfer of funds to the account of BreakingBet.
5.5. The refund policy are indicated at https://breaking-bet.com/en/refund
6. Disclaimer of warranties
6.1. You agree not to rely on the Service, any information on the Service or the links on the Service. No information provided by the Service may be viewed as an instruction on disposition of the User’s funds.
6.2. The Service is provided “as is” and on an “as available” basis. BreakingBet makes no express representations or warranties with regard to the Service or any activities or items related to this Agreement.
6.3. We make no warranty that your access to our Service, or its content will be delivered uninterrupted, timely or error-free, or that the Service will be free from viruses or other harmful properties.
6.4. We make no warranty that the services and materials will meet your requirements.
6.5. We make no warranty that you will have any results that may be obtained from the use of the service or if you will have any results they will be effective, accurate or reliable.
6.6. We make no warranty that the quality of any information purchased or obtained by you from the Service will meet your expectations or be free from mistakes, errors or defects.
6.7. To the maximum extent permitted by applicable law, BreakingBet disclaims all express and implied conditions, representations, and warranties including, but not limited to accuracy, fitness for a particular purpose, title, and non-infringement.
6.8. Some jurisdictions may not allow for all of the foregoing limitations on warranties, so to that extent, some or all of the above limitations may not apply to you.
7. Links TO THE THIRD PARTY SITES
7.1. Our Service does include details on, or links through to, information provided by other websites.
7.2. We don't control the accuracy or completeness of that information. You take full responsibility for using that information and verifying it and for any decision to use, purchase or refrain from purchasing any of the services or products mentioned on a linked site.
7.3. If you do purchase products or services from another website, please read their contract carefully before deciding to buy. Remember, your contract for those products or services will be with them, not us.
7.4. Service provides these links and information only as a convenience, and the inclusion of a link or furnished information does not imply the advertising, endorsement or any warranty of any kind of the linked site by the Service.
8. Exclusion of liability
8.1. We provide our Service in good faith but we can't and don't warrant the completeness, truth or accuracy of the information or other content or postings found on our Service, or their usefulness for any particular purpose.
8.2. You acknowledge and agree that you bear full responsibility for your own Service research and decisions and that we shall not be liable for any action that you or others take or don't take based on your use of or reliance on information provided on Service.
8.3. BreakingBet is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Agreement, including, but not limited to:
- your use of or your inability to use our Service;
- delays or disruptions in our Service;
- viruses or other malicious software obtained by accessing, or linking to, our Service;
- glitches, bugs, errors, or inaccuracies of any kind in our Service;
- damage to your hardware device from the use of the Service;
- the content, actions, or inactions of third parties’ use of the Service;
- a suspension or other action taken with respect to your Account;
- your reliance on the quality, accuracy, or reliability of information or metrics found on, used on, or made available through the Service.
8.4. Additionally, in no event will BreakingBet be liable for any special, consequential, incidental, punitive, exemplary, or indirect costs or damages, including, but not limited to, litigation costs, installation and removal costs, or loss of data, production, profit, or business opportunities.
8.5. These limitations will apply to any liability, arising from any cause of action whatsoever arising out of or in connection with this Agreement, whether in contract, tort (including negligence), strict liability, or otherwise, even if advised of the possibility of such costs or damages and even if the limited remedies provided herein fail of their essential purpose.
8.6. Some states and jurisdictions do not allow for all of the foregoing exclusions and limitations, so to that extent, some or all of these limitations and exclusions may not apply to you.
9. Dispute RESOLUTION
9.1. Any disputes between the Parties concerning the execution of this Agreement shall be settled by negotiation between the Parties. The Parties shall establish a mandatory form of pre-trial settlement of disputes by making a claim under the International Law procedure.
9.2. The BreakingBet will only accept claims, which are provided by the User in writing and in a period not exceeding three (3) calendar days from the date when the dispute arose. Time for consideration of claims of the User is not more than fourteen (14) calendar days.
9.3. Considering of claims relating to the provision of the Service performed by the BreakingBet, is carried out if the User provides the relevant financial documents confirming payment for Service for which the claim is made.
9.4. In disputes the parties have the right to provide printed e-mails as evidence with information in them (titles). If the information (titles) is missing a letter is not deemed to be proof.
9.5. This Agreement is written in English and Russian. In case of a dispute the English version has greater probative value.
10. Indemnity
10.1. You agree to indemnify and hold us and (as applicable) our parent, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this User Agreement or your violation of any law or the rights of a third party.
11. Intellectual property
11.1. Subject to and conditioned on compliance with the Agreement, Service grants you a limited license to access and, if you have created an Account, to use the Service for the purpose of using the Service.
11.2. You must not access (or attempt to access) the Service by any means other than the interface provided, and you will not use information from the Service for any purposes other than the purposes for which it was made available.
11.3. You agree not to use multiple devices / browsers to access the Service at the same time.
11.4. You agree not to use the Service for offering any goods or services.
11.5. You must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost, or otherwise use any content of the Service in any way for any public or commercial purpose without BreakingBet prior written consent.
11.6. You must not use any content of the Service on any other website or in a networked computer environment for any purpose except your own viewing without BreakingBet prior written consent.
11.7. You must not to provide your account information to third parties for sharing the Service from one account (account sharing).
11.8. You must not attempt to reverse engineer, modify, adapt, translate, prepare derivative works from, decompile, attempt to interfere with the operation of, or otherwise attempt to derive source code from any part of the Service.
11.9. You will not access Service in order to build a similar service or application, or publish any performance, or any benchmark test or analysis relating to the Service.
11.10. BreakingBet retain all right, title, and interest in and to all Intellectual Property Rights related in and to the Service.
11.11. The Service logos and names are trademarks of BreakingBet and may be registered in certain jurisdictions.
11.12. Except as expressly stated in this Agreement, nothing in the Agreement confers any license under any of BreakingBet or any third party’s Intellectual Property Rights, whether by estoppel, implication, or otherwise.
12. Mobile and other devices
12.1. When using our mobile application, please be aware that your carrier’s normal rates and fees, such as data charges, will still apply. Our mobile application may not contain the same functionality available on the website.
13. Term of agreement
13.1. If any of these provisions is deemed invalid, void or unenforceable that provision will be deemed severable from the rest and will not affect the validity and enforceability of any remaining provisions.
13.2. These terms shall be governed by the laws of the Russian Federation and any dispute between us will be resolved exclusively in the Courts of the Russian Federation.
13.3. We do not sell, rent or otherwise share your personal information with any third parties except in the limited circumstances described in the Privacy Policy, such as when we believe we are required to do so by law.
13.4. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
13.5. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
13.6. By accepting these rules User agrees that he have read and understood all provisions listed by this Agreement.
14. Contacting us
14.1. If you wish to report a violation of the Agreement, have any questions, or need assistance, please contact User Support at:
Post address: Russia, 183008, Murmansk, Karl Liebknecht st., 27A, Polarweb LLC
ITN: 5190069832
Web Support: https://breaking-bet.com/en/feedback
Email: support@breaking-bet.com