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User Agreement

Terms and Conditions

1. Introduction

These Terms and Conditions apply to your use of the www.itv.com/quiz website (“the Website”) and to the ITV Quiz games and services on the Website (together “the ITV Quiz Games”) (together the “Service”). These Terms and Conditions should be read alongside and are in addition to the specific rules, game rules and all other information and provisions appearing on or in relation to any of the ITV Quiz Games and the privacy policy accessible here which together form a binding agreement (“the Agreement”) between you and the Supplier (as defined below).

You accept these Terms and Conditions when you enter any of the ITV Quiz Games and you will also be asked to read and accept these Terms and Conditions when you register to play and again when you pay to play and/or subscribe for the first time. If you do not agree with any of these Terms and Conditions then you should not play the ITV Quiz Games nor use the Service.

These Terms and Conditions may be amended or varied at any time without prior notice to you to comply with legal or regulatory requirements or to meet our changing business requirements except if you are a Premium Member and we change the Subscription Fees (where we will notify you as set out in Section 5 below). Any changes will be posted on the Website. It is your responsibility to ensure you review these Terms and Conditions regularly to familiarise yourself with any changes. We don’t separately file the individual agreements entered into by users when they register for the Service. We recommend that you print and store or save a copy of these Terms and Conditions for future reference. For a hard copy set of these Terms and Conditions, please send an email to support@itvquiz.com.

In order to play the ITV Quiz Games you must register your details with us to use the Service. All users registered to use the Service (“Members”) can access our ‘Pay to Play’ games by depositing funds in an ITV Quiz Game account (the “ITV Quiz Game Account” or “Account”) (see Section 4 for more details).

All Members can also access our unlocked ‘Free to Play’ games but there are only a limited number of unlocked games.

To access all our ‘Free to Play’ games including the locked games, you need to become a Premium Member by paying a subscription fee (“Subscription Fees”) via credit or debit card or PayPal. By becoming a Premium Member all ‘Free to Play’ games will be unlocked and you will get an automatic reload on your play points, automatic entry on to the ITV Quiz leader board and chances to win by topping the overall leader board as well as the opportunity to advance your skill level (“the Premium Service”) (for more detail see Section 5 below). Even if you are a Premium Member you still have to pay the entry fees to play the ‘Pay to Play’ games.

"You" means you, the user of the Service (and "your" shall be interpreted accordingly). "Users" means the users of the Service collectively and/or individually as the context admits.

2. About Us

All ITV Quiz Games are supplied, promoted and managed by Trivya (On Net) Limited (“the Supplier”) a company registered (company number 513874503) and regulated by the relevant laws of Israel for the purposes of operating internet trivia competitions whose registered address is [5 Bareket St. Herzelia, Israel]. In this Agreement "we" and "us" are references to the Supplier.

We are not related to ITV and you are contracting with us and not with an ITV company.

If you need any help or you have any queries or complaints in relation to the Service, your ITV Quiz Game Account or the ITV Quiz Games, please refer to the Help Sections or contact our Customer Services by e-mail on support@itvquiz.com.

To contact ITV Quiz via post, please send your query to:
ITV Play Viewer Care (ITV Quiz)
PO Box 49756
London
WC1X 8WN

3. Eligibility

The Service and ITV Quiz Games are only for residents of the United Kingdom aged 18 years or over, unless specified otherwise. Employees and members of their immediate families (including any live-in partner) of the Supplier, of companies within the ITV group of companies and any of their subsidiaries and/or of agencies associated with the Service, including any prize providers, where applicable, are ineligible to enter. Any such transactions will be invalid and in breach of this Agreement.

The Supplier reserves the right to ask you for proof of age and evidence as to your identity and place of residence at any time, and may use any methods available to carry out checks of any details provided. We may cancel your account and bar you from using the Service and playing the ITV Quiz Games if proof of age is not provided or if the Supplier suspects that you are underage or otherwise ineligible. We may use any lawful and reasonable channels and methods available to us to carry out checks of any details provided to us.

At all times, you may only have one ITV Quiz Game Account, for which you will sign up using your own, correct name. You may not access or use the Service by means of another person's account, and you may not use the Service by proxy. If you attempt to open more than one account, under your own name or under any other name, or if you attempt to use the Service by means of any other person's account, we will be entitled to immediately close all your accounts and bar you from using the Service.

You promise that all your personal and payment details in the registration form you submit to us are accurate and true. If the details you provide are not accurate and true, we may refuse your registration or suspend or terminate your ITV Quiz Game Account and you could also be subject to criminal or civil prosecution or proceedings. If any of your personal details change or your credit or debit card is lost, stolen or cancelled, please inform us immediately via the "My Account" section of the Service, or by contacting our Customer Services.

4. Pay to Play Entry Fee

In order to play the Pay to Play ITV Quiz Games, you will need to confirm that you are happy to pay the value of the ITV Quiz Game entry fee (the “Entry Fee”) from your ITV Quiz Game Account. A minimum deposit applies to the ITV Quiz Game Account (see Section 9). Once you have confirmed your participation the Entry Fee will be taken from your ITV Quiz Game Account balance, provided that you have enough funds in your account to pay that Entry Fee. If you do not have enough funds in your ITV Quiz Game Account to pay that Entry Fee you will not be able to enter that ITV Quiz Game. In the event that by the ITV Quiz Game’s start time you are the sole participant, that ITV Quiz Game will be cancelled and the Entry Fee you paid will be refunded to your account.

We reserve the right to set the Entry Fee amounts and to amend them from time to time and these will be updated on the Service. We reserve the right to make changes to the payout rates and values and these will be updated on the Service. It is your responsibility to note the payout values and/or Entry Fees applying to each ITV Quiz Game in each session before you choose to participate.

In the event of a dispute, you agree that our transaction records shall solely determine the outcome of an ITV Quiz Game, the payout rates and values and any Entry Fees paid.

Any applicable taxes and fees in connection with any winnings awarded to you or any other payments made to you are your sole responsibility, however you authorise us to deduct such applicable taxes and fees, if any, from the winnings awarded to you to the extent we are required to do so by law.

5. Membership

All Members can access our ‘Pay to Play’ games on paying the fee for that game (see Section 4 for more details) but if you do not subscribe to our Premium Service, you will not be able to access our locked ‘Free to Play’ Games.

Also, all Members are awarded a limited number of play points on registration but unless you are a Premium Member you can only reload these play points on request and your skill level will generally be non-classified.

All members are automatically entered on the general daily leader board. Entry onto all other leader boards, including prize leader boards, is only available to Premium Members.

Premium Membership

If you pay a subscription fee you will become a Premium Member and will have access to our Premium Service. This means that you will be able to play all of our ‘Free to Play’ games, get automatic reload on play points, have the ability to advance in your skill level and automatic entry to all ITV Quiz leader boards, including prize leader boards, which give you opportunities to win based on your leader board performance (see Section 6 for more details). You can also still play our ‘Pay to Play’ games as well but you will have to pay the entry fee for the game (see Section 4 for more details).

To become a Premium Member, you can click on the “Upgrade Now” link. You can then proceed to pay the relevant Subscription Fees for the Premium Membership by clicking the button labelled "Upgrade Now" or similarly labelled buttons. You can see the current Subscription Fees for our different subscription periods (monthly, quarterly and yearly) by clicking here. All Subscription Fees are in pounds sterling and are inclusive of Value Added Tax ("VAT") at the applicable rate.

When you click “Upgrade Now” or similarly labelled buttons, you will be asked to provide various information necessary to process your order and so that you can become a Premium Member including without limitation selection of your subscription plan. You can provide this information by filling in the fields requested on the screen. All highlighted fields must be completed. We respect your right to privacy and will only use any information you provide to us in accordance with Section 13 and our privacy policy.

During the "Upgrade" process you will be asked to complete your payment details and then click “Submit”. We accept most major credit and debit cards or PayPal authorisations. All card payments are subject to authorisation by your card issuer and additional fees may be charged by your credit card company or bank. If your payment is not authorised, we will cancel your order for Premium Membership and notify you in writing (either by e-mail or otherwise). We will be under no obligation to provide you with Premium Service until we have received payment of the relevant Subscription Fees in cleared funds.

By clicking on the "Submit" button, you are offering to purchase Premium Membership, an offer which we may choose to accept or refuse – it does not represent a legally binding contract. Your offer to purchase Premium Membership is accepted by us and becomes binding only when we expressly confirm acceptance of your offer in writing (either by e-mail or otherwise).

We reserve the right to alter our Premium Service and the Subscription Fees at any time but we do use reasonable endeavours to keep the Subscription Fees published on the Website up-to-date. If you are already a Premium Member then we will communicate any change in your Subscription Fees to you at least 15 days before the due date for your next payment. You may cancel your membership at any time (please see below and Section 19 for information on your cancellation rights).

If you have already subscribed for Premium Membership and you have provided us with payment details then we will automatically renew your Membership during the last day of the subscription term which is about to lapse. We will send you a notice of renewal by e-mail at least [5] days before such automatic renewal. Each notice of renewal e-mail will include the date when automatic renewal is scheduled to take place and the Subscription Fees applicable. If you do not wish to proceed with automatic renewal of your Premium Membership then you must notify us in writing by sending us an e-mail at support@itvquiz.com before the date of renewal.

Please note that your Premium Membership may lapse due to our inability to take payment using your selected payment method, such as if you change your credit card. In such event, it is your responsibility to renew your Premium Membership by making payment of your Subscription Fees by alternative means.

You may cancel your Premium Membership at any time by sending an email to us at support@itvquiz.com such termination to take effect within 7 calendar days after receipt by the Supplier of your email, provided that you shall remain responsible for any activity on your account between sending us an email and the termination of your account by us.

Where you cancel your Premium Membership within 7 working days of receiving confirmation of your Premium Membership from us or within 7 working days of the date of renewal of your subscription we will refund any money paid by you for that upgrade or renewal in full as long as you have not started to use the Service in that time. This is the seven-day cooling off period provided under the Consumer Protection (Distance Selling) Regulations 2000 (as amended). If you have started to use the Service or cancel your Premium Membership outside the seven-day cooling-off period, you will not be entitled to a refund except in circumstances where we have withdrawn the Premium Service in its entirety then you may be entitled to a rebate of your Subscription Fees for the remainder of the period to which those fees relate.

Any refunds given will be made through PayPal so we will require you to provide us with details of a PayPal account. You will be required to open a PayPal account to receive the funds and withdraw them into your bank account. More information about opening a PayPal account is available on the PayPal website (www.paypal.co.uk).

6. Winnings

The winnings for a specific ITV Quiz Game will be indicated on the Website. The process for determining the winner of the winnings is as indicated in the relevant ITV Quiz Game rules.

Premium Members gain automatic entry onto to all leader boards. Winnings may be available from time to time to Premium Members based on one or more leader boards. These leader boards (“Prize Leader Boards”) and available winnings will be indicated on the Website. Your position on a leader board is determined by the amount of play points accrued playing the ‘Free to Play’ ITV Quiz Games in the categories and within the timeframe designated on the leader board. For example, the general weekly leader board ranks all players that played across all ‘Free to Play’ ITV Quiz Games and categories within that week. For details on the Prize Leader Boards please see our promotions and tournaments pages. To view the current leader board standings please see the leader boards page. Prize Leader Boards are indicated on the leader boards page with “Prize Leader Board” icon. For the avoidance of doubt, if you are not a Premium Members, you will not be eligible to win prizes associated with the Prize Leader Boards.

If you become a winner whether for a specific ITV Quiz Game or for Premium Member winners as set out above, we will ask you to complete a winner confirmation and release form before you can receive your winnings. Such confirmation and release form will ask you to certify that the information you have given about yourself is correct. Any misrepresentation may result in winnings being withheld and no longer being due.

Winnings cannot be transferred, substituted, exchanged or redeemed for any other prize at your request. However, the Supplier reserves the right to offer an alternative of similar value to the winnings.

The Supplier may refuse to provide winnings, or seek their recovery, in the event of your breach of this Agreement, fraud or dishonesty, including but not limited to the use of technology to enable you to evade any Entry Fee or any other charge when using the Service.

Where the winnings are to be paid by cheque, such cheque will be made payable to you in pounds sterling and such cheque cannot be made payable to any third party.

7. Your Representations and Undertakings

In consideration for the rights granted to you to use the Service, you represent, warrant, covenant and agree that:

• you are a resident of the United Kingdom aged 18 years or over. All the details contained in your registration form as submitted or any details given when making a deposit and/or subscribing to the Service are true, current, correct and complete and match the name(s) on the credit/debit card(s) or other payment accounts to be used to deposit or receive revenues in your ITV Quiz Game Account and/or to pay the Subscription Fees.

• you only hold one account on the Service. Your user name and password will be kept private and secure at all times. You are fully aware that there is a risk of losing money when playing by means of the Service and that you are fully responsible for any such loss.

• in the event that you are a winner, you will grant to the Supplier an irrevocable, exclusive and perpetual worldwide right and license, to use your name, photograph and likeness in any media, in connection with the marketing and promotion of the Supplier and the Service and you will fully cooperate with the Supplier in such regard. You shall use the Service and the ITV Quiz Games in accordance with this Agreement, as amended from time to time and you shall abide by the rules and instructions for playing the ITV Quiz Games.

• you agree to reimburse the Supplier in respect of any damages suffered by the Supplier or ITV or any losses by the Supplier or ITV resulting from any claim made by a third party in each case in respect of any matter arising from your use of the Service in breach of this Agreement or from your violation of any applicable law or regulation.

8. Your ITV Quiz Game Account

Your account is solely for use on the Service. We take no responsibility for any third party access to your ITV Quiz Game Account. All transactions where your user name and password have been entered correctly will be regarded as valid, whether or not authorised by you. We accept no liability for monies or information lost due to unauthorised use of your ITV Quiz Game Account arising from improper use of your user name and password. Please inform us immediately if you suspect that your ITV Quiz Game Account is being misused by a third party and/or any third party has access to your ITV Quiz Game Account, user name or password.

Monies held in your ITV Quiz Game Account shall not attract any interest.

If you fail to use your ITV Quiz Game Account for six months your account will be considered a "dormant account". The six-month period will run from the date of your last login to your account. In the case of a dormant account, the Supplier will be entitled to levy a monthly administration fee at a rate of 10% of the balance in the account (up to a maximum of £20 per account). The administration fee shall be deducted monthly from the date that your ITV Quiz Game Account becomes a dormant account payable on the last day of the sixth month in which the account is deemed dormant and on the last day of every month thereafter, until the balance of the account has reached zero or you begin using your ITV Quiz Game Account. In the event that you login to your Account during the period during which the administration fee is levied for dormant Account, the Supplier will cease to levy the administration fee but the administration fees due and payable to the Supplier until that time shall not be refundable.

The Supplier may, at any time, set off any positive balances on your ITV Quiz Game Account against any amount owed by you to us.

We reserve the right to impose and enforce limits on the amount you can wager through your ITV Quiz Game Account.

9. Deposits and Withdrawals

You may spend up to the amount of the current available balance in your ITV Quiz Game Account. The minimum amount you can deposit in your Account at any time is £10. Please note some additional fees may be charged by your credit card company or bank (for making payments).

You can withdraw any amount from your Account, up to your current available balance and no less than £10 at any time.

Bonus cash is subject to different withdrawal conditions as stated under the “Bonus policy” and bonus terms and conditions.

Money withdrawn will be via your PayPal Account. You will be required to open a PayPal account to receive the funds and withdraw them into your bank account. You will be responsible for paying any PayPal charges for such withdrawals. If you would rather receive your fund via BACS transfer please contact Customer Service for details on this process. Please note there is a processing fee of £5 for BACS transfer. Refunds where applicable will only be made via PayPal.

When you withdraw money from your Account, we may ask you to provide us with paper copies of your passport or driver’s licence, and a copy of a bank or credit card statement showing your registered home address. These should be sent for the attention of ITV Quiz to the address shown in Section 2 of this Agreement.

10. Payment Transactions and Payment Fraud

You are fully responsible for paying all monies owed to the Supplier. In respect of any payment made by you, you agree that you will not make any charge-backs, and/or deny or reverse any such payment and will reimburse the Supplier for any charge-backs, denial or reversal of payments you make and any loss suffered by the Supplier as a consequence. In those circumstances, the Supplier may, at its sole discretion, cease to provide the Service or refuse to pay any winnings.

We reserve the right to use third party electronic payment processors and/or financial institutions to process payments made by and to you in connection with your use of the Service.

You declare that the source of funds used by you for playing on the Service are legal and that you will not use the Service in any way as a money transfer system. You will not use the Service for any unlawful or fraudulent activity or prohibited transaction including money laundering.

In the case of suspected or fraudulent payment, including use of stolen credit cards, or any other fraudulent activity (including any chargeback or other reversal of a payment), we reserve the right to block your ITV Quiz Game Account, reverse any pay-out made and recover any winnings. We shall be entitled to inform any relevant authorities or entities of any payment fraud or otherwise unlawful activity, and may employ collection services to recover payments.

11. Bonuses

All promotions, bonuses or special offers are subject to promotion-specific terms and conditions and any complimentary bonus credited to your ITV Quiz Game Account must be used in adherence with such terms and conditions. We reserve the right to withdraw any promotion, bonus or special offer at any time.

You might be awarded or be entitled for a promotional bonus or other unique bonuses at the Supplier’s sole discretion. Only one bonus can be awarded for any specific event.

Bonuses will be handled one after the other, once the earliest bonus is resolved the next in line will become Active. Bonus cash awarded on our Service must usually be played through 10 to 20 times (depending on the terms and conditions of that bonus) on any game before they can be withdrawn. (see Section 9 for more information on withdrawals)
• In Process – A bonus which you have started to play through, but has not yet completed. This bonus cannot be withdrawn by you.
• In Line – A bonus which you have not yet started to play through. This bonus cannot be withdrawn by you.
• Fulfilled – A bonus which has successfully been played through. This bonus can be withdrawn by you and is regarded as "real" money and not "bonus" money in the total balance.
• Used – A bonus that before it could be played through, the account balance was depleted to an amount smaller than £1, is considered to be wasted.
• Expired – A bonus that was not fulfilled by its specified expiration date is retrieved by the Service. Once expired, the bonus is deducted from your balance. If your balance before revocation is less than the bonus itself, then the balance will be set to £0 and there will be no future requirement on your part in respect of the revoked bonus
• Revoked – A bonus can be revoked from your balance if you are inactive for over 3 months. Once revoked, the bonus is deducted from your balance. If your balance before revocation is less then the bonus itself, than the balance will be set to £0 and there will be no future requirement on your part in respect of the revoked bonus.

While a bonus is either in ”In Process” or “In Line” status, you will be unable to withdraw any cash unless you choose to forfeit the bonus. If you have any questions about bonuses, please contact our Customer Services.

12. Intellectual Property, Copyright and Trade Marks

You may use the Service for your own personal non-commercial use.

The terms ITV Quiz, Trivya, TriviaOnNet and any other trade marks, service marks and/or trade names used by the Supplier on the Service from time to time (the "Trade Marks") are the trade marks, service marks and/or trade names of the Supplier or one of its group companies or its licensors and these entities reserve all rights to such Trade Marks. In addition, other content on the Service, including, but not limited to, the ITV Quiz Games, images, pictures, graphics, photographs, animations, videos, music, audio and text (the "Service Content") belongs to the Supplier or one of its group companies and/or its licensors and is protected by copyright and/or other intellectual property rights. You hereby acknowledge that by using the Service, you obtain no rights in the Trade Marks or the Service Content other than as specified in this Agreement.

In particular, under no circumstance may you copy any Service Content (including without limitation trivia questions, answers, or games) or use data mining, robots, screen scraping, or similar data gathering and extraction tools on the Service.

13. Data Protection

Information and data ("personal data") which is provided by you when you register will be held and used by the Supplier, the ITV group of companies and their suppliers and contractors in order to administer and manage the Service in accordance with our privacy policy. Your personal data may also be passed to relevant regulatory bodies, the police or other authorities in the course of the investigation of any complaints or suspected unlawful activity. Aggregate, non personal data may also be used for the purpose of undertaking market research or in facilitating reviews, developments and improvements to relevant services.

14. User Submitted Material

You may submit trivia content. When you submit trivia, all content submitted to the Supplier becomes the sole property of the Supplier. The Supplier may publish and use this submitted content in any way and form it so chooses with no reserve or limitation.

The Supplier reserves the right and will, in its sole discretion, modify, edit, archive and delete published or unpublished submitted content.

In addition, users submitting content to the Service warrant and represent when they submit the content that the content is in their own words and has not been taken from any copyright source(s) or they otherwise control all of the rights and have obtained all necessary consents to such content as described in this Agreement including, without limitation, all the rights necessary for them to provide, post, upload, input or submit the content.

15. Trivia Question Accuracy

The Supplier makes every effort in verifying and ensuring the accuracy and integrity of questions and answers provided on the Service. However, we do not warrant that trivia content provided on the Service is by all means free of all errors and inaccuracies.

16. NO WARRANTY

THE SERVICE AND THE ITV QUIZ GAMES ARE PROVIDED "AS IS". WE MAKE NO WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED (WHETHER BY LAW, STATUTE OR OTHERWISE), INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS OR ACCURACY OF THE SERVICE OR THE ITV QUIZ GAMES OR INFRINGEMENT OF APPLICABLE LAWS AND REGULATIONS. THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF THE SERVICE LIES WITH YOU.

WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS OR AS TO RESULTS OR THE ACCURACY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE SERVICE.

IN THE EVENT OF SYSTEMS OR COMMUNICATIONS ERRORS, BUGS OR VIRUSES RELATING TO ACCOUNT SETTLEMENT OR OTHER ELEMENTS OF THE SERVICE OR RESULTING IN LOSS OF DATA BY YOU OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT OR SOFTWARE, WE SHALL IN NO WAY BE LIABLE TO YOU AND WE RESERVE THE RIGHT TO VOID ALL ITV QUIZ GAMES IN QUESTION AND TAKE ANY OTHER ACTION TO CORRECT SUCH ERRORS SAVE THAT WE ARE NOT REQUIRED TO PROVIDE ANY BACK UP NETWORK AND/OR SYSTEMS OR SIMILAR SERVICES.

THE SUPPLIER SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER OR OTHER THIRD PARTY WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVER THAT HOSTS THE SITE.

17. Limitations of Liability

Nothing in this Agreement restricts your statutory rights as a consumer. For more details on your statutory rights you should contact your local Trading Standards Office or Citizen's Advice Bureau.

You agree that you are free to choose whether to use the Service and that you do so at your sole option, discretion and risk.

We will NOT compensate you for any loss or damage you may suffer in connection with the Service UNLESS we materially fail to carry out any of our obligations under this Agreement or if we breach any duties imposed on us by law. As this Service is for your own private non-commercial use only our liability shall not in any event include losses related to any business of yours such as lost profits or business interruption.

We shall use reasonable efforts to secure any information that you transmit or store through the Service in order to prevent unauthorised access by third parties. You acknowledge, however, that we are unable to exercise control over the security of information passing over third party networks and we are not responsible for any kind of unauthorised access to information passing over the network or via the Service and for any damage or loss or corruption of data, information or material, or viruses that may infect your computer equipment or other property.

Save as indicated above, we shall not be liable to you or any third party in contract, tort, negligence, or otherwise, for any indirect or consequential loss or damage whatsoever arising from or in any way connected with your, or any third party's, use of the Service, including, without limitation, damage for loss of business, loss of profits (including loss of or failure to receive anticipated winnings), business interruption, loss of business information, or any other pecuniary or consequential loss (even where we have been notified by you of the possibility of such loss or damage).

We are not responsible for the content of any linked sites.

Nothing in this Agreement will operate so as to exclude any liability of the Supplier for fraud, death or personal injury that is caused by the Supplier's negligence or for any other liability which may not by law be excluded.

You agree that, in the event that the Service fails to operate correctly as a result of, but not limited to, any delay or interruption in operation or transmission, any loss or corruption of data or communication or lines failure, any person's misuse of the Service or its contents or any error or omission in the Service content or any other factors beyond our control: we will not be responsible for any loss, including loss of winnings, that may result; and
if any such errors result in an increase in winnings owed or paid to you, you shall not be entitled to the winnings falling within such increase. You shall immediately inform the Supplier of the error and shall repay any winnings credited to your account in error to the Supplier (as directed by the Supplier) or the Supplier may, at its discretion, deduct an amount equal to those winnings from your Account or set off such amount against any money owed to you by the Supplier.

18. Duration and Termination

This Agreement shall come into force immediately upon your using the Service and/or marking the "I Accept the Terms and Conditions" box as part of the registration process and shall continue in force unless and until terminated in accordance with this Agreement.

We reserve the right to suspend your use of the Service at any time for operational, regulatory, legal or other reasons. If you violate these Terms and Conditions, we may in our sole discretion cancel your ITV Quiz Game Account, Membership, block access by you to the Service and/or delete your registration entry in full or in part at any time. In case of doubt, we are entitled to make the final decision on the permissibility of the usage in question.

Upon termination for any reason, regardless of your other rights, you must cease all use of the Service and pay all amounts due and owing to the Supplier.

You may terminate this Agreement and your account (including your username and password) at any time by sending an email to us at support@itvquiz.com such termination to take effect within 7 calendar days after receipt by the Supplier of your email, provided that you shall remain responsible for any activity on your account between sending us an email and the termination of your account by us.

Upon termination of this Agreement by us or you on notice (but for the avoidance of doubt not for breach) you shall be entitled to the return of the current available balance in your ITV Quiz Game Account, within 14 working days and in accordance with our cash out policy as published from time to time. Click here to view our current cash out policy.

The right to terminate this Agreement given by this clause shall not prejudice any other right or remedy of either party in respect of the breach concerned (if any) or any other breach.

Upon the termination of this Agreement for any reason, except as otherwise provided in this Agreement and subject to any rights or obligations which have accrued prior to termination, neither party shall have any further obligation to the other under this Agreement.

19. Chat Feature

The Supplier reserves the right to review the chat facility in relation to any game on the Service, to moderate such content and to keep a record of all statements made on such facility. In the event that you use the chat facility on the Service you shall be bound by the following rules:

• you shall not make statements that are sexually explicit or grossly offensive, including expressions of bigotry, racism, hatred or profanity.
• you shall not make statements that are abusive, defamatory or harassing or insulting to other users.
• you shall not make statements that advertise or promote any other online entities.
• you shall not make statements about the Supplier or the Service or any other Internet site connected to the Supplier that are untrue and/or malicious and/or damaging to the Supplier or ITV.

20. General

We reserve the right to modify or terminate the Service or elements of the Service at any time, without notice, and we will not be liable to you as a result of any such action.

If any part of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of this Agreement and shall not affect the validity and enforceability of any of the remaining provisions of this Agreement. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.

No waiver by us of any terms of this Agreement shall be construed as a waiver of any preceding or succeeding breach of any terms of this Agreement.

Unless otherwise expressly stated, nothing in this Agreement shall create or confer any rights or any other benefits to third parties. Only you or we have the right to enforce any provision under the Agreement.

Nothing in this Agreement shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and us.

This Agreement contains the entire agreement between you and us relating to the Service and supersedes any and all prior agreement between you and us. You confirm that, in agreeing to accept this Agreement, you have not relied on any representation save insofar as the same has expressly been made a representation in this Agreement.

We reserve the right to transfer, assign, sublicense or pledge this Agreement, in whole or in part, to any person without notice and you will be deemed to consent to such assignment.

You may not transfer, assign, sublicense or pledge in any manner whatsoever any of your rights or obligations under this Agreement.

Nothing in this Agreement shall be construed so as to grant you any security interest whatsoever over the assets of the Supplier, including for the avoidance of doubt on any amounts standing to the credit of your Account.

Nothing contained in these Terms and Conditions shall affect your statutory rights.

These terms and conditions were last updated on 25th June 2008

21. Governing Law and Jurisdiction

These Terms and Conditions are available in English only and this Agreement shall be governed by and construed in accordance with the laws of England and Wales, unless you are a Scottish resident in which case you may choose Scottish law. You irrevocably submit to the exclusive jurisdiction of the courts of England and Wales unless you are a Scottish resident in which case you may choose the courts of your residence in Scotland.