TERMS AND RULES OF WEBSITE AND GAME General These Terms and Rules of Site (“Terms and Rules”) apply to the www.tamba.co.uk/tim-ball/ website and game ("Products"). General Rules may also apply to certain Products and in the event of any inconsistency between these Terms and Rules of Site and the General Rules, the General Rules will prevail. In these Terms and Rules of Site, "we/us/our" refers to TAMBA Internet and/or its group or associated companies. 1.INTELLECTUAL PROPERTY 1.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied or made available to you as part of the Products shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. 1.2 You acknowledge and agree that the material and content contained within the tamba.co.uk website and game and/or otherwise provided as part of the Products 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 such material and content 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, tamper with or create derivative works of such material and content. 2. COMPLIANCE WITH LAWS The Products may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Products. 3. NO WARRANTY 3.1 We will endeavour to provide the Products using our reasonable skill and care. We make no further warranty or representation, whether express or implied, in relation to the Products. All implied warranties or conditions of satisfactory quality, fitness for purpose, completeness or accuracy are hereby excluded. 3.2 We make no warranty that the Products will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the tamba.co.uk website or the server that makes them 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 Products. 3.3 In the event of systems or communications errors relating to the generation of any element of the Products, we will not be liable to you as a result of any such errors. 4. LIMITATION OF LIABILITY 4.1 You agree that your use of the Products is at your sole risk. 4.2 We shall not be liable in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with your use of the Products, whether direct or indirect, including, without limitation, damage for loss of business, loss of profits, 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). 4.3 We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Products and you confirm that we shall not be liable to you or any third party for any modification to, suspension of or discontinuance of the Products. 4.4 Nothing in these Terms and Rules, shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees. 5. INDEMNITY You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liabilities, damages, losses, costs and expenses, including legal fees, arising out of any breach by you of any of the Terms and Rules or otherwise arising out of your use of the Products or any use by any other person accessing the Products using your user identification. 6. TERMINATION 6.1 We may terminate your account (including your username and password) if we believe that you have breached any of the Terms and Rules or have acted in a manner inconsistent with the spirit of any of them or for any reason we discontinue to provide the Products. 6.2 You acknowledge that we do not have to give you prior notice of any such termination. 7. GENERAL 7.1 We reserve the right to withdraw the Products or elements of the Products at any time, and will not be liable to you as a result of any such action. 7.2 If any part of the Terms and Rules shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms and Rules and shall not affect the validity and enforceability of any of the remaining provisions of the Terms and Rules. 7.3 No waiver by us of any of the Terms and Rules shall be construed as a waiver of any preceding or succeeding breach of any of the Terms and Rules. 7.4 Unless otherwise expressly stated, nothing in the Terms and Rules shall create or confer any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you and us. 7.5 Nothing in the Terms and Rules shall be construed as creating any agency, partnership or any other form of joint enterprise between you and us. 7.6 These Terms and Rules contain the entire agreement between you and us relating to the Products. You confirm that, in agreeing to the Terms and Rules, you have not relied on any representation save insofar as the same has expressly been made a representation in the Terms and Rules. You agree that you shall have no remedy in respect of any misrepresentation, which has not become a term of the Terms and Rules save that your agreement shall not apply in respect of any fraudulent or negligent misrepresentation whether or not such term has become a term of the Terms and Rules. 7.7 We reserve the right to publish and promote details of Product winners. 8. LAW The Terms and Rules shall be governed by the law of England and you irrevocably submit to the exclusive jurisdiction of the courts of England. Your Use of the site 1. OPENING AND MAINTAINING YOUR ACCOUNT You must be over 16 years of age to register to play Tim Ball and you must reside in the United Kingdom. When opening an account each customer is requested to choose his or her name, email and password. Customers are asked to ensure that these details are kept private. If you lose, or forget your password you can click on a relevant link and your password will be sent to your registered email address. By registering, a customer is deemed to have fully accepted and understood all the Terms and Rules of the website and game. 2. PRIZE ALLOCATION You will be notified by email, which will be sent to your registered email address, within 14 days of the end of the previous month if you are the winner of a prize. You will need to respond to our email within 90 days informing us of your full name, postal address and contact telephone number in order that we can dispatch your prize. Prizes will be dispatched within 28 days of the end of the previous month. Should you not respond to this email informing you that you are a winner within the 90 days, your win will be voided. Privacy Policy As a customer of TAMBA Internet, we have a number of obligations to you with regard to the management of your personal information under the Data Protection Act 1998. This policy sets out the way in which we will deal with the information that you provide to allow us to manage your relationship with the company. 1. INFORMATION COLLECTED We collect personal information from customers for the purposes of: setting up and managing your account building up personal profiles and providing you with information about promotional offers. 2. ACCURACY We will take all reasonable steps to ensure that any information that we hold about you is accurate and current. 3. SECURITY AND PRIVACY We will take all reasonable steps to ensure that your information is kept securely and protected from unauthorised access. We will only disclose personal information to associated or subsidiary companies, and to business partners, successors in title to our business and suppliers that are engaged to process such information on our behalf.