Welcome to the Iball3.com or Iball3.co.uk terms and conditions that apply to your use of the Iball3.com or Iball3.co.uk website, and products sold by the Iball3 website. By accessing this Website, you agree to be bound by them. This Website is provided for the benefit of people who have parental consent. If you are not over the age of 18 or do not have parental consent or do not agree to be bound by these terms and conditions, you may not use or access this Website and we have the right to restrict or prevent your access to the Website. If there is anything you do not understand please feel free to email any enquiry to info@TopdrawGames.com
"Conditions" means these terms and conditions: "Personal Information" means any personal details provided by you via the Website; "User(s)" means (a) user(s) of the Website either collectively or individually, as the context requires; "We/us/our" means Topdraw Games Ltd, "Website" means the website located at www.iball3.com or any subsequent URL which may replace it; and "You/your" means you as a user of the Website.
1 ACCESS we will provide you with access to the Website in accordance with these Conditions.
2 YOUR OBLIGATIONS
2.1.1 Agree not to use the Website (or any part of) for any illegal purpose and agree to use it in accordance with all relevant laws;
2.1.2 agree not to upload or transmit through the Website any computer viruses, macro viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
2.1.3 Will not upload or transmit through the Website any material, which is defamatory, offensive, or of an obscene or menacing character or that may cause annoyance, inconvenience or needless anxiety;
2.1.4 Will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
2.1.5 will not use the Website in any manner that violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);
2.1.6 Will not create and publish a hypertext link to any part of the Website or attempt any unauthorized access to any part or component of the Website; and
2.1.7 Agree that in the event that you have any right, claim or action against any Users arising out of that User's use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.
3.1 You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the Website, or for products purchased via this website or the use by any other person accessing the Website using your PC or internet access account.
4 OUR RIGHTS
4.1 We reserve the right to:
4.1.1 Modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
4.1.2 Change these Conditions from time to time and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
4.2 We will use our reasonable endeavors to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
5 THIRD PARTY LINKS
5.1 In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
6.1 We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
7 YOUR DATA
7.1 We respect your personal information and undertake to comply with applicable UK Data Protection legislation from time to time in place.
7.2 You should be aware that:
7.2.1 if we are requested by the police or any regulatory or government authority investigating suspected illegal activities, or upon receipt of a court order, to provide your Personal Information and/or information concerning your activities whilst using the Website we shall do so; and
7.2.2 If you agree by ticking the appropriate boxes on your registration form, we may pass your Personal Information or details of your use of the Website to select third parties for analysis and/or to enable them to contact you about products or services which may be of interest to you.
7.3 We reserve the right in our reasonable discretion to disclose details of your use of the Website in relation to any, or any threatened, Court Proceedings in connection with your use, or the use of anyone under your control, of the Website whether in connection with the matters set out in these Conditions or otherwise.
7.5.1 If you register for any competitions offered via this Website, the competition rules set out in this Clause 7.5, together with any other specific entry instructions or rules posted on this Website by Topdraw Games Ltd. and these User Terms (together the "Competition Rules"), shall apply.
7.5.2 All competitions, promotions, prizes or other give-aways offered by Topdraw Games Ltd. from this Website ("Competitions") are only open to individuals who are aged over 18 or have parental consent.
7.5.3 All Entrants must register for the relevant Competitions by giving their correct name and address together with their email address. By registering for the relevant Competitions, you acknowledge that you have read and agree to the provisions contained within these Terms and Conditions.
7.5.5 By registering for any Competitions, you agree to the use of your name and photographs for publicity material in any Topdraw Games Ltd. publications in any media, including allowing your name to be published on the Website if you are a prize winner.
7.5.6 Unless specifically stated, no purchase is necessary to enter any competitions on the Website.
7.5.7 Prizes are as stated in the Competitions' details on the Website.
7.5.8 Topdraw Games Ltd. will not offer cash alternatives in whole or in part for any prizes offered.
7.5.9 An Entrant may only win one prize per Competition. Entries to any competitions are limited to one per household.
7.5.10 all entries become the absolute property of Topdraw Games Ltd. and will not be returned to Entrants unless otherwise stated by Topdraw Games Ltd. on the Website.
7.5.11 Fraudulent, illegible, multiple or incorrectly completed entries will be disqualified and no responsibility can be accepted by Topdraw Games Ltd. for any delayed, lost or misplaced entries. Proof of winners' eligibility to enter the prize draw may be required.
7.5.12 Monthly draw awards are allocated on a witnessed draw basis from correct draw entries received unless otherwise stated on the Website or in the 7.6 Specific Competitions section of these terms and conditions. The Judge's decision is final and no correspondence will be entered into.
7.5.13 Topdraw Games Ltd. reserves the right without notice to you, to remove any Competitions from the Website or to suspend or alter any Competitions on the Website, at its sole discretion for legal or technical reasons. Topdraw Games Ltd. will give Entrants as much notice as possible prior to taking any of the actions described in this clause by posting such notice to the Website, but prior notice may not always be feasible.
7.5.14 Competitions are run subject to English law. Topdraw Games Ltd. makes no representation that the Competitions comply with the law of any other country other than the United Kingdom or that any prizes offered in Competitions are appropriate for use, or are legally able to be offered, in any other country. Those who choose to enter any Competitions on the Website are solely responsible for compliance with local laws and regulations if and to the extent they are applicable.
7.5.15 any time of delivery is an estimate only in respect of the delivery to an Entrant of any prize in any Competitions and Topdraw Games Ltd. shall not be liable for any late delivery of the prizes or any loss or damage caused as a result.
7.5.16 Winners will be notified by post or email after the closing date given for the Competitions on the Website, when Topdraw Games Ltd. will give you details of how and when to claim your prize.
7.5.17 every effort will be made to supply the awards stated, Topdraw Games Ltd.
7.5.18 No responsibility can be accepted by Topdraw Games Ltd. for the quality and/or suitability of any prizes provided by third parties.
7.5.19 No persons employed by Topdraw Games Ltd. Or connected with this competition in any way may enter.
7.6 SPECIFIC COMPETITIONS
7.6.1 Monthly iball3 competition
188.8.131.52 Entrants must be aged 18 or over or have parental consent to participate.
184.108.40.206 Employees of Topdraw Games Limited, their agents, families or anyone else professionally connected with the competition are excluded from participating.
220.127.116.11 To enter, log onto www.Iball3.com or www. Iball3.co.uk and take part in the Iball3 monthly leader board competition. This competition takes place once per month and the winner is the person who can stay top of the leader board the longest for any given month. A prize will be allocated to the winner each month. See clause 18.104.22.168 for details of specific prizes.
22.214.171.124 Closing dates for entries are last day of each month
126.96.36.199 Entry instructions are deemed to form part of the rules as are these terms and conditions. Entry into the competition is deemed to signify acceptance of the rules. If the winner(s) do not respond after 21 days of being notified, the promoter may dispose of the prize as it thinks fit without any liability to the winner(s) for having done so.
188.8.131.52 There is one prize for the winner for the monthly competition. The prize is as follows:
184.108.40.206.1 $100 cash prize
220.127.116.11 The judges' decision is final. No correspondence will be entered into.
18.104.22.168 Entries must be received via the website www.Iball3.com or www.iball3.co.uk
22.214.171.124 The promoter reserves the right to refuse entries which are incomplete, delayed, altered, illegible, damaged or do not meet the rules.
126.96.36.199 to obtain details of winning entries, please email us at Topdraw Games Ltd.
188.8.131.52 No other alternative in part or full will be offered in lieu of the specified prizes. Prizes are not transferable.
184.108.40.206 Winners may be asked to participate in publicity.
220.127.116.11 Copyright in the entries will be owned by the promoter. Entries cannot be returned.
18.104.22.168 these rules are governed by English law and subject to the exclusive jurisdiction of the English Courts.
22.214.171.124 The promoter, where you have given consent by ticking the appropriate boxes at registration, may use the entrants' information to inform them of future promotions and products of the promoter or its associated companies that may be of interest.
126.96.36.199 Promoter is Topdraw Games Limited.UK.
8.0 Product Descriptions
8.1 The product information and photographs contained within our web-site are provided for illustrative purposes only and we cannot warrant that they are accurate. If you are in any doubt as to the precise nature of the product you wish to order, please contact us by e-mail.
8.2 If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
8.5 Third Party Rights
8.6 Except for Our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
8.7 Governing Law
8.8 This contract is subject to English law and the exclusive jurisdiction of the English courts.
9 INTELLECTUAL PROPERTY AND RIGHT TO USE
9.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us. You are permitted to use this material only as expressly authorised by us.
9.2 You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
9.3 The Website is Copyright, Topdraw Games Limited. All rights reserved.
10.1 You may send us notices under or in connection with these Conditions:
10.1.1 by post
10.1.2 by fax to 0;
10.1.3 By telephone to 0; or
10.1.4 by email to info@Topdrawgames.com
10.2 As proof of sending does not guarantee our receipt of your notice, you must ensure that you have received an acknowledgement from us, which will be sent within 3 working days of our receipt and should be retained by you.
11 LIMITATION OF LIABILITY
11.1 WHILE WE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION WE PLACE ON THE WEBSITE, WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO ITS ACCURACY.
11.2 The Website is provided on an "as is" and "as available" basis without any representation or endorsement. Unless specified in separate terms and conditions related to a particular product or service, we make no warranties of any kind, whether express or implied (as far as permissible by law), in relation to the Website, or products or services offered on the Website whether by us or on our behalf including but not limited to implied warranties of non-infringement, compatibility, security, accuracy or completeness, or any implied warranty arising from course of dealing or usage or trade.
11.3 Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the Website or products or services offered on the Website whether by us or on our behalf will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server that makes it available or products or services offered on the Website whether by us or on our behalf are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Website.
11.4 Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under English law.
11.5 You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you.
11.6 We will not be liable in contract, tort or otherwise if you incur loss or damage connecting to the Website through a third party's hyper-text link.
11.7 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads) for:
11.7.1 Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
11.7.2 Any loss of goodwill or reputation; or
11.7.3 Any special or indirect or consequential losses; in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred.
11.8 Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
12.1 If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
13.1 Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any provision.
14.1 Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
15 ENTIRE AGREEMENT
15.1 These Conditions (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Conditions.
17.1 We will collect information about your personal details, and preferences when you tell us what these are and by analysis of traffic on the Website, including by using cookies.
17.1.2 A cookie is a piece of information that is stored on your computer's hard drive by your web browser. On revisiting the Website our computer server may recognise the cookie, giving us information about your last visit. Most browsers accept cookies automatically, but usually you can alter the settings of your browser to prevent automatic acceptance. If you choose not to receive cookies, you may still use most of the features of the Website.
17.2 We use information collected about you to help us (a) develop the design and layout of the Website to ensure that it is as useful and enjoyable as possible and (b) provide the products and services which interest you. If you have given your consent by ticking the relevant boxes upon registration, this information may be used by us and our associated companies to inform you about changes to the Website, new services and products or offers that you might find interesting. If you do not wish to receive this information, please send an email to info@Topdrawgames.com. We may at our discretion and only where you have consented by ticking the appropriate boxes upon registration, choose to sell, trade, rent or otherwise disclose your personal information to trustworthy third parties situated within the EU or in countries approved by the Data Protection Commissioner. You may change your mind and instruct us not to do by sending an email to info@Topdrawgames.com
17.3 In addition, we may provide aggregate statistics about our services, competitions, clients, traffic patterns and other site information to third parties, but these statistics will not include any information that could personally identify you. In the event that you're personal details become untrue, inaccurate or incomplete, or in any event, you have the right to access your personal details and may rectify the same.
17.4 Where you have provided your consent by ticking the relevant boxes upon registration, You agree that you do not object to us, our associated companies or such third parties contacting you for any of the above purposes whether by telephone, email, fax or in writing, and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations.
17.5 We reserve the right to access and disclose individually identifiable information to comply with applicable laws and lawful government requests or requests by the police investigating suspected illegal activities, to operate our systems properly or to protect ourselves or other Users. We also reserve the right to disclose individually identifiable information to third parties if a complaint arises concerning your use of the Website, and that use is deemed by us inconsistent with the Conditions.
17.6 When you input information or request services from us, we offer appropriate physical, electronic and managerial security measures in order that you may input information safely whilst effectively preventing that information from being accessed by unauthorised persons. In addition, we have strict security procedures covering the storage and disclosure of your information in order to prevent unauthorised access to comply with the UK Data Protection Act 1998. This means that sometimes we may ask for proof of identity before we disclose personal information to you.
17.7 We welcome your questions and comments about privacy issues and the design of the Website. Should you have such comments or have a complaint about how we are using your personal data, please send an email to info@Topdrawgames.com.
In order to avoid possible injury, do not throw our products, do not heat our products, do not exert significant external force on our products, do not allow our products to be handled by persons under the age of 18 years without parental supervision.
1. The Iball3 game is open to all International residents aged 18 years or over or with parental supervision except employees of Topdraw Games Ltd, their families and agencies and anyone else professionally connected with the competition who are all precluded from entry.
2. The promoter can refuse to redeem any awards at its discretion if it appears the products are defected, tampered with, copied, forged, drilled, hammered, cut, damaged or reconstructed or does not comply with the rules. The promoter's decision is final.
3. Only one claim per Iball3 is permitted
4. Entry instructions are deemed to form part of these terms and conditions and entry into this game and is deemed to signify acceptance of the rules.
5. The iball decoder algorithm detects the entry of improper i-codes. All valid and proper i-codes are deemed to be i-codes obtained only from playing the final level of the iball3 or iball elite. Any player found to be knowingly trying to enter improper i-codes will be disqualified from all iball3 competitions. The management decision is final.
6. These rules are governed by English law and subject to the exclusive jurisdiction of the English Courts.
7. Promoter: Topdraw Games Limited.