talkSPORT Daily5 Terms & Conditions (free games)

INTRODUCTION

TalkSportTrivia games (“Trivia Games”) are brought to you by YamYam UK Ltd (“YamYam”, “we”, “us” or “our”). YamYam is a UK limited company with company registration number 12765394. YamYam’s registered office is at The Coach House, 2c Clark Road, Wolverhampton, West Midlands, England, WV3 9NW

These terms of service (“Terms”) set out the terms of a contract between you and Yam Yam UK Ltd. This is the basis on which you are allowed to access and use the Free-to-play Trivia Games which can be accessed via our website at talksporttrivia.com (the “Website”) (together the “Service”). Please note that in addition to these Terms each game within the Trivia Games has its own game rules explaining how each game operates (“Game Rules”).

By using the Service, you confirm that you have read, understand and agree to be bound by these Terms, together with (a) the Game Rules and (b) our Privacy Policy.

If you do not agree with these Terms then you should not open an account with us or use any of our Services.

We may amend the Service or make changes to these Terms from time to time, including to ensure compliance with applicable law. Material changes will be notified to you via email or via the Website. You should pay particular attention to the latest Game Rules made available on the Website.

If you have any concerns, questions or comments about the Website, these Terms or the Service as a whole, please contact us by email support@yamyammobile.co.uk

YOUR USE OF THE SERVICE

By opening an account with YamYam (an “Account”) and/or using our Service, you confirm and agree that:

  • You are at least 18 years of age.
  • You will not play on behalf of, or for the benefit of, any third-party.
  • You are of full legal capacity.
  • If you are connected to any professional sporting organisation, be it as a competitor, employee or otherwise, you will not use the Services in breach of the applicable rules or regulations of the relevant sports authority or regulator.
  • You are not restricted from using our Services in any way, including under your contract of employment or under the laws of your country of residence.
  • You shall not interfere with, or disrupt, the Service or any servers or networks connected to the Service, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any page of the Service is rendered or displayed in your browser or device.
  • You are responsible for paying any and all taxes in your jurisdiction associated with using our Service.
  • You shall only use the Service for your own personal use and not for any commercial use.

ACCOUNT REGISTRATION

When required to open an Account, you may be asked to provide us with certain personal information when signing up, including but not limited to your name, email address, postal address, and date of birth.  Please note that not all of our free games require an account to play.  In these cases,  no personal data is collected.

You warrant that the personal details you provide to us on opening your Account are accurate, complete and correct. If you do not provide us with accurate details then your Account may be suspended. Please inform us as soon as possible if any of your personal details change.

Our Privacy Policy governs how we process the personal data we collect about you.

It is strictly forbidden to have more than one Account. If we identify two or more accounts are held by the same person, then the Account most recently registered will be closed. 

ACCOUNT SECURITY

The username, associated email and password used to create your account must be kept confidential by you. 

We will not be liable to you for any loss that you may incur as a result of an unauthorised person accessing your Account, whether fraudulent or otherwise.

SUSPENSION AND TERMINATION OF ACCOUNTS

We reserve the right to suspend or terminate your Account at any time should you breach these Terms or the Game Rules.

If we suspect that you have cheated, acted fraudulently or where there is a reasonable suspicion around the integrity of your behaviour, we may suspend your Account pending the outcome of our investigation.

LIABILITY

We agree to provide the Service with reasonable skill and care and as described in these Terms.

Except as stated in these Terms, the Service is provided without further warranty of any kind. All conditions, warranties, representations and terms implied by law, custom or otherwise are excluded by us to the fullest extent permitted by applicable law.

You acknowledge that we cannot guarantee that the Service will:

  • meet your requirements;
  • stay the same (as we might change the Service or remove it altogether);
  • be compatible with all or any hardware or software which you may use;
  • be available all the time or at any specific time;
  • be accurate, up-to-date or reliable; or
  • be error-free or free of viruses, electronic bugs, Trojan horses or other harmful components and you must take your own precautions accordingly.

You acknowledge that we will not be liable for any loss or damage suffered by you or a third party which is caused by (or results from):

  • your failure to comply with these Terms, and the Game Rules 
  • any virus attack that can be traced to our Service (to the fullest extent permissible by law)
  • mistakes, errors or technical failures attributable to our Service (to the fullest extent permissible by law)
  • the misuse or unauthorised use of your Account
  • circumstances beyond our reasonable control, or
  • the corruption of data sent by you to us, or by us to you.

Nothing in these Terms shall exclude or restrict our liability for death or personal injury resulting from our negligence, for fraud (including fraudulent misrepresentation) or such other liability which cannot be excluded by law.

We shall not be liable to you in contract, tort (including negligence), breach of statutory duty or otherwise for any special, indirect, punitive, incidental or consequential losses arising out of or in relation to these Terms or your use of the Service, even if such losses are foreseeable or if we have been notified by you of the possibility of that loss. We shall not be liable for any business losses and/or losses to non-consumers.

INTELLECTUAL PROPERTY

All design, text, graphics, music, sound, photographs, video, the selection and arrangement thereof, software compilations, underlying source code, software and all other material contained and forming any part of the Website, including all intellectual property rights in the “Trivia Games”, logos, designs, trademarks and other distinctive brand features of Trivia Games are subject to copyright and other proprietary rights which are either owned by YamYam or used by us under license from third-party rights owners.

Subject to you holding a valid account, you may access and use the Service on a non-exclusive, non-transferable, revocable license basis for your own personal, non-commercial and entertainment purposes. To the extent that any material comprised within the Website or Service may be downloaded or printed then one copy of the downloadable material may be downloaded to a single device only (and hard copy portions may be printed) solely for your own personal and non-commercial use.

Under no circumstances shall the use of the Website or Service grant you any interest in any intellectual property rights owned by YamYam, talkSPORT Limited, News UK & Ireland Limited, or owned by any third-party.

You must not copy, store, publish, rent, license, sell, distribute, alter, add to, delete, remove or tamper with any part of the Website, including any intellectual property rights affixed to the Website, any proprietary software compromising the Website and/or any software made available for download without our prior written consent.

COMPLAINTS AND DISPUTES

Should you have a concern or complaint regarding our Service, please contact us at support@yamyammobile.com in the first instance. We will endeavour to resolve any issues raised in a timely manner.

Any complaints received more than 6 months from the date the event to which your complaint relates to occurred may not be considered.

LINK TO THIRD PARTIES WEBSITES

The Service may include links to third-party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such websites. We recommend you review those websites’ terms and conditions and privacy policies to ensure you are happy to use them.

GENERAL

You may not assign or transfer any of your rights or obligations under these Terms. We may at any time and in our sole discretion assign or transfer any of our rights or obligations under these Terms, to any member of our group (which means our subsidiaries, our ultimate holding company and its subsidiaries) and/or to any third-party in conjunction with the transfer of all or part of our business and assets.

Failure by us to insist upon strict performance of any of your obligations or to exercise any of the rights or remedies to which we are entitled shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any provision shall not constitute a waiver of any subsequent breach of that provision.

Each of the provisions of these Terms operates separately. If any provision (or part of a provision) of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in full force and effect.

These Terms (including any document referenced in these Terms) constitutes the entire agreement between YamYam and you relating to your use of the Services, and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

Except where expressly otherwise provided in these Terms, no third-party will have any rights to enforce any provision of these Terms.

YamYam and their affiliates reserve the right to void, suspend, cancel, or amend the Game where it becomes necessary to do so. We may also amend or withdraw any element of the Game for reasons beyond our reasonable control, including but not limited to strike, lock-out, labour dispute, illness, act of God, natural disaster, adverse weather conditions, war, riot, civil commotion, accident, public health concern in relation to potential infection, epidemic or pandemic, malicious damage, fire, flood and/or storm, compliance with law or governmental order, rule, regulation or direction, breakdown of plant, machinery or transportation. YamYam and their affiliates are not responsible for any loss or damage caused to you as a result of any of these occurrences.

These Terms are governed and construed in accordance with the laws of England and Wales. Any dispute or difference of any kind arising between us in connection with or arising out of these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.