TERMS AND CONDITIONS
By using Betsim's mobile application you agree with terms and conditions exposed in the following document. It shows the necessary information about the owner of the application, as well as the conditions of access, registration and use of it. We inform that Terms and Conditions, the use through this application and the contracting through it are governed by the following documents:
Users are asked to carefully read the previous legal texts, as well as these Terms and Conditions, all these contain the information they should know about their rights and obligations. Betsim makes available the email email@example.com to users so they can consult any doubt regarding this document.
1. Application’s purpose
1.1. Betsim is a mobile application that allows user to make simulated sports bets on the result of many events, allowing them to obtain a virtual currency called "Bycoin".
2. Nature of the application
2.1. All bets in the application are made through the use of an exclusive virtual currency called "ByCoin" that is obtained for free through several activities in the application, usually of advertising nature. Therefore, it is no possible to risk amounts of money or other economically valuable objects on uncertain future results for the achievement of a prize or gift, according to the impossibility to formalize deposits with real money. Thus, there are no legal regulations applicable to betsim as gambling activities for establishments and businesses such as casinos, betting houses and lotteries that represent a real risk for their users.
2.2. Consequently, the activity performanced by the mobile application is outside of any regulation contained in gambling regulations while Betsim doesn’t require the granting of an enabling title for such activity.
3. Access and Registration
3.1.1. Betsim users must be over 14 years old and provide real information about their identity. If they are under 14, they will need the permission of a responsible adult to use Betsim services.
3.1.2. In case that the information provided by the users is not truthful, Betsim will not be responsible for it because it’s unable to verify the age of its users.
3.1.3. Betsim may contact any user to prove their real age by providing a copy of their identification document or requiring proof of the consent of the legal representatives. Betsim reserves the right to cancel the account of any user if they refuse to provide their identification document or, if applicable, refuse to approve the consent of their legal representatives.
3.2. Creating a user account
3.2.1. Registration and creation of a user account in the application are for free. The user can register through their data with a Gmail, Twitter or Facebook account. The user, by registering through a social network authorize Betsim to access and use certain information of their social network account based on the privacy settings that they have selected on it.
3.2.2. The user can connect to Betsim exclusively through a social network account, so Betsim does not store any password or access data of them. The user is solely responsible for their data. Betsim will obtain the email and the user's name only, this information will never be shared or disclosed.
3.2.3. The User may delete his Betsim account by sending an email to firstname.lastname@example.org indicating in the subject "Delete my user account". Upon the user's approval, Betsim will remove any data associated with the user account and will not provide any copies in system. The deleted data will be definitive and will not be able to be undone.
3.3. User's responsibility
3.3.1. By registering on Betsim, the user accepts and assumes all responsibility that may derive from any activity that occurs under the email associated with the user's account. The user is solely responsible for the security of their account.
3.3.2. There can only be one account per user, so Betsim reserves the right to cancel the use of the application to the user that violates this condition.
4. The Game Currency
4.1. The user by the mere fact of registering on Betsim receives in their account, and free of charge, a minimum amount of coins ("Bycoins"). User can start playing with such Bycoin. When the user plays with their Bycoins on an event, these bycoins are immediately discounted. If the user succeeds they recover the Bycoins played plus the new Bycoins according to the odd they choose. The odd is the value which Bycoins are multiplied in case of hitting.
4.2. Bycoins can only be used on Betsim in accordance with these terms and for entertainment purposes. Bycoins have a unique and exclusively promotional nature, they will not be exchanged for real money in any case, they have no monetary value and they can not be bought or sold. In addition, they do not constitute a transferable value, nor a right of credit or any right that allows their exchange for money or any other element. Bycoins do not expire, they are personal and non-transferable. User may not assign, transfer, transmit or tax in any way their Bycoins totally or particularly, by direct or indirect means. Bycoins can not be transferred between accounts under any circumstances , even if the user owns both.
4.3. When the user lose all their Bycoins in any bet, they will get a number of Bycoins similar to the amount they have when they created the account on Betsim. The number of these restarts of bycoins are unlimited.
4.4. Betsim reserves the right to modify the balance of Bycoins, cancel or block the user account if there are indications of misuse and / or illicit behavior to obtain Bycoins through second accounts for the benefit of one in specific. Any use of the application or the Bycoins opposite to any of the present Terms, or to what is specified in the help section (FAQ), will be considered as an Improper use and, consequently, will be a breach of contract by the User.
4.5. In these cases, Betsim reserves the right to delete, cancel, withdraw, suspend or provisionally block, without prior notice, the user Account. Likewise, in such cases, Betsim reserves the right to reject and / or cancel any reservation or exchange made on behalf of the User, as well as cancel the Bycoins that remain in their account or have been granted.
4.6 Betsim in its duty as a service provider records each of the transactions made with Bycoins, tracking each related activity, such as procurement, loses, winnings, etc.
5. Betting on events
5.1. In each event the user can predict the winner, the loser or a draw, in some sports different types of forecasts can be made. Betsim will inform in advance to users about an event, as well as the gains or losses of Bycoins according to the result of their bets.
6.Cancellation of user’s account
7. Account Inactivity
Betsim reserves the right to delete the user's account if it remains inactive for a period exceeding 6 months, that means that user will lose the Bycoins associated with it. In any case, prior to such elimination, Betsim will contact users by the means of data provided by them, with a period of time of 15 calendar days to cancel this process. If that does not occur on behalf of the user, Betsim will proceed to delete the account.
8. Betsim responsibility for the application’s operation
8.1. User is responsible to have internet connection and to connect to Betsim services through the Android application or through the web www.betsim.net. In case of any incident or difficulty to access the application, the user can inform it through the email email@example.com that will proceed to analyze the incident and give instructions to the User about how to fix it as soon as possible.
8.2. Betsim will not respond in case of service interruptions, connection errors, lack of availability or deficiencies in the Internet access service or for any other reason beyond the control of Betsim.
8.3. Betsim provides its services and content using all technical means at its disposal to perform this service satisfactorily.
8.4. Betsim may make corrections, improvements or modifications to the information contained within the application, in the services, or in the contents giving no right to any claim or compensation by users.
8.5. Betsim is not responsible for any kind of damages derivative from the knowledge of unauthorized third parties of the users data through the application.
9. Betsim’s Responsibility for the content to its Users through the application
9.1. At the time when Betsim was aware that any of the content, files, information, publicity, opinions, concepts and images hosted on Betsim servers were contrary to law, morality, good faith, public order or that contain any type of computer virus or routine of similar software, Betsim will proceed to remove them.
9.2. Betsim disclaims any liability for any kind of damages from the collection and use by third parties of contents, files, information, advertising, opinions, concepts and images provided by users.
9.3. In any case, Betsim is not responsible for the contents, files, information, advertising, opinions, concepts and images that do not depend on the application or Betsim.
9.4. Betsim is not responsible for the misuse of the Betsim’s contents, this is sole responsibility of the person who accesses them or uses them.
9.5 User agrees to use the application and its services in accordance with the Law, accepting good practices and keeping public order.
10. Access limitation
10.1. Betsim may deny access to users if there are doubts or suspicions about a user in relation to the veracity of the data provided by them or their way of proceeding.
10.2. Betsim reserves the right to temporarily or permanently exclude participation in the application to users who are suspected of using multiple accounts or any other type of action considered fraudulent or contrary to Terms and Conditions. Some actions considered fraudulent include, but are not limited to:
10.3. Betsim reserves all the actions that correspond in law for any infractions that users may commit.
11. Code of conduct.
11.1. User is NOT allow to carry out the following activities:
11.2. Likewise, is mandatory for users to use the application in an appropriate and responsible manner, therefore, they must respect these conditions as well as current legislation. For merely illustrative purposes, user agrees to:
11.3. Betsim will not be responsible for the information published by the User as long as it does not have effective knowledge that such information is illegal, damages goods or violates rights of third parties. In the moment that Betsim has effective knowledge that it hosts such data, Betsim undertakes to remove them or make it impossible to access them, and may also eliminate or render inaccessible the user account.
12.1. User may invite by sending an email to as many people as they want to join Betsim. This invitation will not be made through the application in any case. The person who receives the invitation and want to be part of Betsim must follow the established registration steps.
12.2. Betsim will not have access to the email data of the invited person.
12.3 If a user invites new users to play Betsim they accept that they will obtain in their account, for each invited user, an additional of 500 bycoins and a bonus rate of 1% on their winnings in each bet endlessly, however, the user also accepts that this percentage will be applied on condition that the invited user is active in the application. Otherwise, the benefit granted will be disabled until the invited user is active again in the application.
13. Intellectual property
13.1. John Heider Ospina Arzuaga, ("The Owner") who, in his own name, with Colombian citizenship number 1,088,301,333, is the owner of the intellectual and industrial property rights of Betsim, which is the product and registered trademark, and has the corresponding licenses for its exploitation, on the application and its contents, as well as on the rest of works and related inventions in the application and the technology associated with it.
13.2. The intellectual property rights of the application, as well as: texts, images, graphic design, navigation structure, information and contents that are included in it are property of The Owner, to whom corresponds the exclusive exercise of the rights of exploitation of it in any way and, especially, the rights of reproduction, distribution, public communication and transformation, in accordance with US legislation on intellectual and industrial property rights.
13.3. The authorization to the User for the access and use of the application does not suppose resignation, transmission, license or total or partial cession on rights of intellectual or industrial property from The owner.----------
13.4. If user do not have authorization from The Owner, they are not allowed to suppress, evade or manipulate in any way the contents of the Betsim application. It is also prohibited to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, upload files, send by mail, transmit, use, treat or distribute in any way all or part of the contents included in the application of Betsim for public or commercial purposes.
13.5. The User is solely responsible for the contents included in the application, stating that they have all the consents and authorizations for the publication of the content, exonerating The owner of any responsibility.
13.6. The User grants Betsim a free, non-exclusive, universal license, without geographical or temporal limitation on the contents incorporated through the application, of use and exploitation for publication, modification, transformation, compilation and public communication under any way of them. Likewise, they grant license in similar terms on the image rights they use as a profile or avatar image as well as on the rights of the name they provide to Betsim.
14. Update and Modification of the application
14.1. Betsim may modify these Legal Conditions at any time and publish them by email or directly in the application. All modified terms will take effect automatically once published.
14.2. Betsim reserves the right to make, at any time and without prior notice, updates, modifications or deletion of information contained in the application according to the configuration and presentation of this without assuming any responsibility for it. Betsim will use the best efforts to communicate the modifications to users.
14.3. Betsim does not guarantee users the absence of interruptions or errors in the access of the application. Betsim does not guarantee that the application will be always updated, however, Betsim will carry out, if there is no obstacles that could cause an impossible or difficult task to execute, all those tasks with the aim of correcting the errors, re-establishing the communication and updating the contents.
15. Applicable law and jurisdiction
These Terms and Conditions as well as the rest of the legal documents that regulate the application are governed by the Colombian law. The parties submit to the courts and tribunals of the user's domicile for the resolution of conflicts.
The email firstname.lastname@example.org is available for users if they have doubts or want to get more information about these documents.