Terms of Service and License
Agreement
NO PURCHASE NECESSARY. This agreement, including
addendums, (collectively referred to as the "Agreement")
is between you ("Player") and the Ultimate Blackjack
Tour, LLC ("UBT," alternately as “PlayUBT.com,”
“ClubUBT.com”). Read the following terms and conditions
before using or installing any software (the "Software")
accompanied by this Agreement.
BY CLICKING THE "I
AGREE" BUTTON OR ACCESSING, USING OR INSTALLING ANY PART
OF THE SOFTWARE, PLAYER EXPRESSLY AGREES TO AND CONSENTS
TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT. If you
do not agree to all of the terms of this Agreement, you
will not be allowed to access, use or install any part
of the Software.
1. LICENSE AGREEMENT
UBT grants to Player a non-exclusive
license to use the Software, subject to the terms of
this Agreement, for a term of three years from the date
of this Agreement. UBT may modify this Agreement at any
time without notice and Player shall periodically review
this Agreement and any other terms and conditions posted
at this Web site at a rate not less than once monthly.
Player shall not participate in the Games, open, use or
reuse the Software, enter the Web site, or the cardroom,
nor accept any Prize if Player does not fully
understand, agree to, become a party to, and abide by,
without exception, all rules, regulations and terms and
conditions contained herein and as such rules,
regulations and terms and conditions may change from
time-to-time. The term of this Agreement will be
automatically extended for three years from the date you
receive any UBT Software upgrades or subsequent UBT
Software versions.
2. LICENSE
RESTRICTIONS
You may not:
(a) permit
other individual(s) to use the Software unless such
other individual(s) agree to accept the terms of this
Agreement;
(b) modify, translate, reverse engineer,
decompile, disassemble or create derivative works based
upon the Software;
(c) copy the Software;
(d)
rent, lease, transfer, sublicense or otherwise transfer
rights to the Software;
(e) remove any proprietary
notices or labels on the Software, including the code
underlying the Software; or
(f) use the Software for
any reason other than your private use. Commercial use
is expressly prohibited.
3. LIMITATIONS
ON USE
You agree that you will use the
Software in a manner that complies with all applicable
laws in the jurisdictions in which you use the Software.
UBT assumes no responsibility for the actions by you,
the Player. You acknowledge that if UBT is unable to
determine where its Software is being used, that UBT may
rely upon your representation and express acceptance of
this restriction by clicking where indicated, and that
you will only use the Software for free play.
UBT
is not responsible for claims for losses or damages
resulting from any play under any condition. Tournament
Players are playing against each other and not against
UBT. Play at UBT is at the sole option, discretion and
risk of the Player. Player is also responsible for
maintaining the secrecy and security of their account
passwords and other personal security information. UBT
is not responsible for the unauthorized use of your, the
Player's, account or any losses that may result, of such
unauthorized use.
4. LIMITED WARRANTY
UBT does not warrant that your use of the
Software will be uninterrupted or that the operation of
the Software will be error-free or secure. UBT does
warrant to Player that the Software will operate for
purposes of normal use for a period sixty (60) days from
the date of this Agreement. In the event that this
warranty is breached, UBT’s only obligation under this
Agreement and Player's sole remedy is, at UBT’s option,
to (a) have UBT replace your Software with new Software
supplied by UBT; or (b) terminate this
Agreement.
5. LIMITATION OF LIABILITY
The Software is provided "AS IS." THERE ARE
NO WARRANTIES OF ANY KIND AS TO THE SOFTWARE'S IMPLIED
MERCHANTABILITY OR TO FITNESS FOR A PARTICULAR PURPOSE,
EVEN IF UBT HAS BEEN ADVISED OF THAT PURPOSE. UBT WILL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR
INCIDENTAL DAMAGES ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SOFTWARE EVEN IF UBT HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This
Agreement will not be governed by the United Nations
Convention of Contracts for the International Sale of
Goods, the application of which is expressly excluded.
6. HOLD HARMLESS AND
REMEDY
You agree to hold harmless, indemnify
and defend UBT, its officers, directors, employees and
contractors, from and against any losses, damages, fines
and expenses (including attorneys' fees and costs)
resulting from your violation of any of the terms of
this Agreement.
7. YOUR REPRESENTATIONS
AND WARRANTIES
You hereby represent and
warrant to us as follows:
A. You have read and
you understand this Agreement.
B. The execution,
delivery and performance by you of this Agreement and
the consummation by you of the transactions contemplated
hereby will not, with or without the giving of notice,
the lapse of time or both, conflict with or violate:
(i) any provision of law, rule or regulation to
which you are subject; (ii) any order, judgment or decree
applicable to you or binding upon your assets or
properties; or (iii) any agreement or other instrument
applicable to you or binding upon your assets or
properties.
8. SEVERABILITY
If any provision of this Agreement is found
by a court of competent jurisdiction to be invalid or
unenforceable, such invalidity or unenforceability will
not invalidate or render unenforceable any other part of
this Agreement, but the Agreement will be construed as
not containing the particular provision or provisions
held to be invalid or unenforceable.
9.
FREE PLAY ONLY
This website does not permit
players to wager real money and has no ability to accept
deposits as it is a “free play” site only. Chips and
Tournament Points in players' accounts have no monetary
value, and cannot be exchanged for anything of value and
cannot serve as a medium of exchange. Any and all
references in the website to "pots," "limits", "betting"
or the like are solely for instructional or illustrative
purposes and do not involve wagering real money.
10. CHAT POLICY
UBT strives
to maintain a friendly and pleasant atmosphere for our
players. While we cannot be held responsible for the
conduct of any player, we do reserve the right to refuse
use of our cardroom to anyone who violates our codes of
conduct.
The following is deemed inappropriate
conduct at UBT:
 |
Collusion with another player
of any sort or any other form of
cheating; |
|
Agreeing to take any action
when there is another player all-in; |
|
Telling anyone your down
cards before a hand is complete; |
|
Needlessly stalling the
action in a game; |
|
Selling play chips or
tournament points for cash; |
|
Attempting in any way to
induce a player to leave a game to play in
another. |
Players conducting chats that are
deemed inappropriate or abusive may have chat privileges
revoked temporarily or permanently. This behavior
includes:
ADDENDUM
How to join the
Club.
1. CLUB MEMBERSHIP
SUBSCRIPTION AND FEE
| 1 |
CLUBUBT.COM charges a fee for
membership. Members receive certain membership
benefits such as newsletters, magazines, coupons,
special offers, and Live Chat customer service
that are not available to Nonmembers. Club members
will also be granted access to play in Club
Tournaments and participate in related activities
on CLUBUBT without having to complete a mail-in
registration. |
| 2 |
YOUR CLUB MEMBERSHIP FEES ARE
PAYABLE MONTHLY IN ADVANCE AND ARE NOT REFUNDABLE
IN WHOLE OR IN PART FOR ANY REASON. Prepaid
memberships, such as annual, semi-annual or
quarterly memberships may be cancelled and refunds
will be issued in a prorated manner on a
monthly basis. |
| 3 |
CLUBUBT.COM reserves the
right to change the fees or billing methods at any
time. Notice of any change will be posted on
CLUBUBT.COM at least thirty (30) days in advance
of the change. You are responsible for reviewing
the billing requirements of CLUBUBT.COM to obtain
timely notice of such changes. Continued use by
you of the Service thirty (30) days after posting
of the changes on CLUBUBT.COM constitutes
acceptance of such changes. If you decide to
cancel your Club membership, which you can do at
anytime up to five (5) days before the next
billing period without being billed for the next
period, CLUBUBT.COM will not refund any fees
accrued to your Account before you canceled.
CLUBUBT.COM will not prorate fees for any
membership. |
| 4 |
Club members receive 500
Tournament Points when they open their account.
If a Club account is below 500 Tournament Points
at 12:01 AM Eastern Standard Time of any
calendar day, the account will automatically be
reset to 500 Tournament Points at that time.
Players may not request more Tournament Points.
If the player doesn't claim that day's
Tournament Points, it is forfeited and not
recoverable on subsequent days. |
| 5 |
You Do Not Need to Join the
Club to participate in tournaments. Alternative
means of tournament entry. OFFLINE,
NO-PURCHASE-NECESSARY, METHOD OF ENTRY: As an
alternate means of entry into Club Tournaments, a
player must:
| 1 |
Register at CLUBUBT.COM as
a free player and download and install the
software; and |
| 2 |
For each period
that you want to participate in Club
Tournaments, send a 3 inch x 5 inch card on
which the player has legibly handwritten their
CLUBUBT Username, First and Last Name, Complete
Mailing Address (e.g. Street, City, State, ZIP
code), Email Address, and Date of Birth. The
card must be placed in a envelope, and
mailed to PO Box 30488 Las Vegas Nevada 89173. |
| 3 |
No photocopies,
reproductions or facsimiles of the 3 inch x 5
inch card are allowed. |
| 4 |
The usage of a service to
provide the production of the 3 inch x 5 inch
card will not be allowed. |
| 5 |
For each individual registration, the Player will be given a 30-day period of Membership to Club
Tournaments.
|
The period will begin on the
Monday following the day the mail-in entry is
processed. |
|
| 6 |
Approved mail-in entries
will receive Tournament Points in
accordance with Section 1.4 above or
will have access to any tournament
points they have accumulated in the
past if greater than 500 Tournament
Points.
|
Tournament Points
accumulated during previous
periods will remain with the
players account. |
|
| 7 |
CLUBUBT.COM will post a
listing of all upcoming tournaments in the game
lobby. The game lobby is viewed
by accessing the game software and
clicking on the tournament game
links. |
| 8 |
CLUBUBT.COM shall not be
responsible for late, lost, illegible,
incomplete, stolen, misdirected, mutilated or
postage-due mail. CLUBUBT.COM will advise you of
your eligibility dates by email. The odds of
winning any prize will be the same by mail in
entry as by online membership in the Club. The
odds of qualifying through a qualifying
tournament will be the same by mail in entry as
by online membership in the Club, and all
participants entering through this means will be
accorded equal opportunities to participate and
win in events held at CLUBUBT.COM, and will
depend on the number of entrants. |
|
2. PLAYER
ELIGIBILITY
Subject To State and Local
Laws.
| 1 |
You are subject to the laws
of the country, state, city or other legal entity
(collectively "Jurisdiction") in which you reside
and/or from which you access the Site. Access to the
Site may not be legal for some jurisdictions or
for all residents of, or persons present in,
certain Jurisdictions. CLUBUBT.COM has installed
filtering systems designed ton limit access from
known ineligible jurisdictions. It is your
responsibility to comply with law in your
jurisdictions. CLUBUBT.COM does not make any
representation or warranty, express or implied, as
to the lawfulness of your participation in the
tournament sweepstakes, or that materials on this
Site are appropriate for use in your use. The
information contained herein does not constitute
an offer, solicitation or invitation by
CLUBUBT.COM for the use of any service in any
Jurisdiction in which such activities are
prohibited or restricted. CLUBUBT.COM further
reserves the right to require you to provide proof
that you are eligible to participate and win
prizes in the Club Tournament sweepstakes prior to
payment of any winnings or prizes. CLUBUBT.COM
also reserves the right, in its sole and absolute
discretion, to refuse service and access to any
potential participant. |
| 2 |
For persons within the United
States, to open an account and/or participate in
any tournament offered on the Site, you must:
|
be a natural person, at
least 18 years old, who is assigned to the
e-mail address submitted on your account
registration form; |
|
be a U.S. citizen or
resident alien with a U.S. address; |
|
be physically located
within the U.S.; and |
|
be physically located in a
U.S. state in which participation in the
tournaments offered on the Site is unrestricted
by law. |
|
| 3 |
For persons NOT within the
United States, to open an account and/or
participate in any tournament offered on the Site,
you must:
|
be a natural person, at
least 18 years old, who is assigned to the
e-mail address submitted on your account
registration form. If you are a U.S. resident,
make sure you are not from one of the restricted
states. VOID WHERE PROHIBITED OR RESTRICTED BY
LAW. |
|
| 4 |
The rules governing
sweepstakes, contests, and tournaments with entry
fees and/or prizes are set up by each individual
state, not by the federal government. See list of
eligible states and countries. |
| 5 |
VOID WHERE PROHIBITED OR
RESTRICTED BY LAW. If you open an account and/or
participate in any tournament offered on the Site
while located in a prohibited jurisdiction, you
will be in violation of the law of such
jurisdiction and these Terms and Conditions, and
subject to having your account suspended or
terminated. |
| 6 |
Moreover, mail-in entry is
not available to residents of states for any
tournament in which Club services are not
available. |
| 7 |
The following persons are
also ineligible to receive any prize offered on
the Site: employees, officers, and directors of
the Site, its parent companies, subsidiaries, and
affiliated companies; and any other person with access to
non-public information regarding the operation of
any tournament offered on the Site. |
| 8 |
Parental Control. Parental
control protections (such as computer hardware,
software or filtering services) are commercially
available and may assist you in limiting access to
material that is harmful to those under eighteen
(18) years of age, or the legal age to participate
in the tournament sweepstakes in the applicable
Jurisdiction, whichever is higher. |
3. RIGHT TO
CANCEL
If CLUBUBT.COM, determines that
operating the tournament sweepstakes is not feasible for
any reason, including, but not limited to, a change in
the risk of operating the contests, or insufficient
participation in one or more of the tournament contests,
then CLUBUBT.COM may cancel all or any of the
tournaments and CLUBUBT.COM shall owe you nothing. You
understand an acknowledge that as a CLUBUBT member, you
are receiving benefits of membership exclusive of the
opportunity to participate in tournaments and that you
may terminate your membership in accordance with the
Terms and Conditions.
4. PRIZE
SUBSTITUTION
ClubUBT reserves the right to
provide substitute prizes or cash value in the event
that the vendor or ClubUBT is unable to meet reasonable
delivery requirements or in the event than a tournament
winner is located outside the continental United States.
See general list of
tournament prizes.
5. DELIVERY TIME
Unless
otherwise specified, merchandise will ship within 30
days of the date the prize is claimed by the winning
player and eligibility is verified. All goods are
shipped F.O.B. Origin, and accordingly the Site takes no
responsibility for any damage incurred during shipping.
In certain specifically disclosed merchandise
tournaments, the Site may choose to bear the cost of
shipping within the continental U.S., although the Site
is under no obligation to do so.
6.
MERCHANDISE PRIZE WARRANTIES
In the case of
merchandise covered by a manufacturer’s warranty, the
manufacturer and not the Site is responsible for
defects, subsequent use or misuse or covered repairs. In
the case of merchandise not covered by a manufacturer’s
warranty, the merchandise is offered as is, and the Site
is not responsible for any defects, use or misuse or
repairs. The Site makes no representations or warranties
with respect to the authenticity or genuineness of any
merchandise prizes, particularly collectible prizes.
7. TRAVEL PRIZES
Prizes
involving travel and tourism will be from a specified
list of cities. Any player who wins such a prize and
wishes to depart from a city not on the specified list
will be required to provide his or her own
transportation to one of the specified cities.
Information required to make the reservations for a
travel prize, including the names and ages of all
travelers, departure city, and, if applicable, choice of
travel dates, must be provided within one week of the
initial request for such information, or the prize may
be voided. The Site is not responsible for any damage,
injury or other liability incurred in connection with
any travel or tourism, nor is the Site responsible for
any cancellation, postponement, rescheduling or quality
control issues with respect to fulfillment by the
third-party travel or tourism providers.
8. TAXES
| 1 |
United States Federal Tax
Regulations requires that you complete and return
form W9 and that we issue you a form 1099 at the
end of each calendar year if you have won prizes
of $600.00 or more in the calendar year. However,
you remain solely responsible for paying all
federal and other taxes in accordance with the
laws that apply in your state, province, and/or
country of residence. |
| 2 |
As with our cash prize
tournaments, users are responsible for applicable
income taxes for merchandise prizes. Either the
Manufacturer’s Suggested Retail Price, or Site
acquisition price, at our discretion, will be used
as the cash value of the merchandise prize. |
| 3 |
Non US residents will be subject to back-up withholding for federal income tax purposes at 30%. Winners will be required to provide such documentation as the Federal Income Tax Regulations require. |
9. PROMOTIONAL
ACTIVITIES
| 1 |
By registering for an account, you agree that
the Site may display your user name, prize
winnings and tournament records. By accepting
any prize from the Site, you agree to allow the
Site to publish, print, broadcast and use,
worldwide, in any media at any time, now or
hereafter created, your name, picture, voice,
likeness, and/or biographical information for
promotional purposes without additional
compensation and execute such releases as the
company may require for this purpose. |
10. REGISTRATION
| 1 |
Continuing Duty and
Affirmation. Each time you use the Site, you
represent and warrant to CLUBUBT.COM that:
|
you are at least eighteen
(18) years of age, or the legal age to
participate in a tournament sweepstakes in the
applicable Jurisdiction, whichever is higher; |
|
your access to the Site,
your participation in tournament sweepstakes,
and CLUBUBT.COM's offering and operating the
tournament sweepstakes are legal in your
applicable Jurisdiction; |
|
the e-mail address
submitted by you is owned or controlled by you;
and |
|
all information you provide
is true, accurate, current and complete. All
such representations and warranties are relied
upon by CLUBUBT.COM. |
|
| 2 |
By applying for registration,
you authorize CLUBUBT.COM to make any and all
inquiries as CLUBUBT.COM in its sole discretion
considers necessary to verify the information
provided by you. CLUBUBT.COM may require you to
submit such proof of age, identity and place of
residence as it may require, at any time.
CLUBUBT.COM reserves the right to suspend and/or
terminate your registration and/or account where
it has grounds to suspect that any of your
provided information is untrue, inaccurate, not
current or incomplete. You maintain the
responsibility to promptly update the information
provided at registration to keep it true, accurate
and complete. |
| 3 |
Changes to Your
Account.
In the event of changes to any of your
personal account details or other financial
information relevant to your account, you must
inform CLUBUBT.COM immediately by sending an
e-mail to members@theclubservices.com. |
| 4 |
One Account Only.
You may
only register one account for yourself. You hereby
acknowledge and agree that you shall not register
more than one account, for your self. If it is
determined that you have registered more than one
account, then you acknowledge and agree that you
shall not be eligible to win any prizes and you
may be excluded from play. |
11. CLUB SERVICES
BILLING
| 1 |
By completing the Club
registration, you authorize CLUBUBT.COM to charge
applicable recurring Club fees to your designated
credit card. Monthly Club members are billed on a
calendar-month cycle, which begins upon Club
registration (or at the end of a limited free
trial period, if applicable to a promotion that
you joined through) and ends one calendar month
thereafter (each a "Club Month"). The date you are
billed is the same date each month. That date was
determined by the date the account was first
billed. If that day of the month does not exist in
a subsequent month, then the payment will be made
on the first day of the following month and will
stay permanently on that day. (For example, if a
player started his subscription on January 31,
then his next payment date would be March 1 and
then April 1, etc.) If you have signed up for an
annual, semi-annual, or quarterly Club plan, you
are billed one time at the beginning of each
applicable billing period. |
| 2 |
If you do not cancel before
the end of the period, CLUBUBT will automatically
renew your Club plan at the end of the period and
you will be billed according to the plan you are
currently on. |
| 3 |
You are responsible for
reviewing the terms and conditions section of
obtain timely notice of such changes. Continued
use of the Service of thirty (30) days after
posting of the changes on CLUBUBT.COM means that
you accept such changes. If you decide that any
change is unacceptable, you may cancel your Club
membership. To cancel
your Club membership log in to the CLUBUBT.COM
game client and go to the My Account area for
cancellation instructions. You can cancel your
Club membership anytime. |
| 4 |
Credit Card Authorizations
for Free Trial Memberships.
You must provide
credit card information to register for all free
trial offers to the Club Service. By signing up
for a free trial, you agree that CLUBUBT.COM may
obtain a pre-authorization of up to $20. Some
financial institutions may perceive these
requested amounts as actual pending charges. While
not actual charges, CLUBUBT.COM is not responsible
for any results, such as an overdraft fee, that
may occur to your account because of pending
charges. If you accept a free trial of the Club,
we will bill your Account when the free trial
expires, unless you cancel your free trial before
that time. You are responsible for any Internet
service provider, telephone, wireless and other
connection fees that you may incur when using
CLUBUBT.COM, even when we offer a free trial.
Trial memberships may not be transferred at any
time to any other user. Trial memberships are
limited to one per person. |
12. ACCOUNT
IDENTIFIERS
| 1 |
Secrecy Obligation.
Once
you have selected and been allocated a unique
username and password ("Identifiers"), it is your
responsibility to keep these Identifiers secure
and confidential. Some or all of these Identifiers
are required to access certain areas of the Site.
In the event that you are concerned that they are
no longer secure and confidential, you should
immediately notify CLUBUBT.COM by sending an
e-mail to members@theclubservices.com, whereupon
new Identifiers may be selected and allocated and
any future transactions under the previous
Identifiers may be voided, at the sole discretion
of CLUBUBT.COM. Without limiting the foregoing,
any transactions made and accepted on the Site
where your Identifiers have been used (and where
you have not previously notified CLUBUBT.COM as
provided herein) will be treated as valid. |
| 2 |
No Transfer.
Your account
is not transferable. Under no circumstances, shall
you allow or permit any other person or third
party, including without limitation any person
under the legal age to participate in tournament
sweepstakes, and in no event any person under the
age of eighteen (18) years, to use or re-use your
account or your Identifiers in such a way that may
breach the standards or laws in any Jurisdiction
where you are located and/or are a resident, or
where such other person is located and/or is a
resident. Any person found to have violated this
section will not be entitled to collect any prizes
or winnings and may be reported to the relevant
authorities. |
| 3 |
You Are Responsible.
You
agree to be solely responsible for all use of the
Site (including without limitation participation
in tournament sweepstakes) through the use of any
of your Identifiers (except where you have
notified CLUBUBT.COM as provided above) and you
agree to indemnify and hold harmless CLUBUBT.COM,
along with its parent company, affiliates,
managers, agents and directors, for any and all
claims, losses, liability, damages and costs
(including attorneys' fees and expenses) arising
from such use. |
13. SITE
USE
| 1 |
Services May Change or End.
CLUBUBT.COM reserves the right, in its sole
discretion, at any time and without notice to you,
to add, alter or discontinue services offered on
the Site without creating any obligation to you. |
| 2 |
You Must Obey Guidelines and
Rules.
When using the services on the Site,
you agree that you are subject to any guidelines,
policies or contest rules applicable to such
services, which may be posted from time to time.
All such guidelines, policies or contest rules are
hereby incorporated by reference into these terms.
You fully accept that all computer instructions
and responses sent over the Internet to and from
CLUBUBT.COM and/or through use of software will be
binding on you. Your commercial use of the Site or
any of the online contests is strictly forbidden. See General Rules of the games offered. |
| 3 |
Telecom and Access Fees.
You are solely responsible for obtaining
access to the Site and that access may involve
third party fees, including without limitation,
Internet service provider, telephone, cable or
airtime fees. You are solely responsible for those
fees, including those fees associated with the
display or delivery of advertisements. In
addition, you must provide and are solely
responsible for all equipment necessary to access
the Site. |
| 4 |
Odds, Risk and Fair Play.
You acknowledge and agree that the tournament
sweepstakes are skill based contests that measure
your ability to play poker and blackjack and
manage risk against the skills of others and that
you are not likely to profit from this
entertainment endeavor. The results of all
tournaments offered on the site depend on the
number of the players participating in such
tournaments; precise odds of winning are
therefore unavailable. |
| 5 |
Cheating.
You acknowledge
and agree that you shall not cheat, attempt to
cheat, or otherwise interrupt or attempt to
interrupt the operations of the Site or any
particular Site service or contest. If CLUBUBT.COM
believes in its sole discretion that you have
engaged, or attempted to engage, in any act to
cheat, use automated technology or otherwise
unfairly alter your likelihood of winning, or to
otherwise commit fraud with regard to the Site,
then, in such an event, you will forfeit all
prizes or winnings to which you may otherwise be
entitled, and CLUBUBT.COM reserves the right to
institute civil or file criminal proceedings
against you and to report you to the relevant
regulatory authorities. |
| 6 |
Behavior & Responsibility
| 1 |
You agree not to reproduce,
duplicate, copy, sell, resell or exploit any
portion of any Site or use of any portion of the
Site for any commercial purposes. |
| 2 |
You shall not register
multiple accounts or use any automated
technology, including but not limited to robots,
scripts, macros, and/or programs, LAN play, or
engaging in team play on any CLUBUBT.COM web
site, including but not limited to the Site. You
acknowledge and understand that any attempt to
participate in any service offered on any
CLUBUBT.COM Site by means of automatic, macro,
programmed, or similar methods, or to otherwise
commit fraud with regard to any CLUBUBT.COM
Site, will result in civil and/or criminal
prosecution, termination of your account, and
forfeiture of all winnings to which you may
otherwise be entitled. |
| 3 |
You shall accept and abide
by the contest rules set forth on the contest
rules web page, to be amended from time to time
by CLUBUBT.COM in the sole discretion of
CLUBUBT.COM. |
| 4 |
You agree that CLUBUBT.COM
is not liable for any loss caused by any
unauthorized use of your credit card by a third
party in connection with any CLUBUBT.COM Site or
any third party site. |
| 5 |
Any attempt to defraud any
CLUBUBT.COM site through the use of credit cards
or any other form of payment, regardless of the
outcome, or any failure by you to honor charges
or requests for payment will result in immediate
termination of your account, forfeiture of any
winnings to which you are otherwise entitled,
and civil and/or criminal prosecution. |
| 6 |
You agree that CLUBUBT.COM
is not, and shall not be, responsible for any
damage, loss, or injury resulting from hacking,
tampering, or other unauthorized access or use
of any CLUBUBT.COM site or your account. |
| 7 |
You, as the holder of your
account, are solely responsible for all
obligations and are entitled to all benefits
there from, and may not allow any other person
to access your account, access any CLUBUBT.COM
site, accept any winnings, or participate in any
services using your account information. Your
account is not transferable to any other person.
By registering and/or participating in any
services offered on the CLUBUBT.COM site, you
agree to indemnify, defend, and hold CLUBUBT.COM
harmless from or for any claims, liability,
damages, and/or costs (including attorneys'
fees) arising from any use of your account by
any person. |
| 8 |
You agree to never transmit
data, conversation, or any other information
that may be (i) be defamatory or offensive, (ii)
slanderous, (iii) rude, (iv) infringe the rights
of any third party, (v) provide information
regarding playing contests on the Site, or (vi)
deemed generally unacceptable behavior in the
sole discretion of CLUBUBT.COM. |
|
| 7 |
Computer Errors.
You
acknowledge that full freedom from errors and
incompleteness is impossible to achieve with
respect to computer software. If you become aware
that the software contains any error, or is
incomplete, you shall immediately notify
CLUBUBT.COM by e-mail at
members@theclubservices.com. You agree to refrain
from taking any advantage whatsoever of that error
or incompleteness and CLUBUBT.COM reserves the
right to recover any such advantage that you do
gain from such error or incompleteness, as well as
all associated costs, damages and expenses in
making such recovery. CLUBUBT.COM will not be
liable for any alleged winnings that are, in
CLUBUBT.COM's sole discretion, the result of a
system error or malfunction. |
| 8 |
Verification.
Whenever
CLUBUBT.COM requests additional verification,
proof or documentation from you, including without
limitation a copy of your passport, driver's
license or utility bill, such materials must be
sent by facsimile, mail or such other means of
communication specified by CLUBUBT.COM. Such
materials will become the property of CLUBUBT.COM
and will not be returned to you. |
| 9 |
Referrals.
| 1 |
If you are a CLUBUBT Club
member and you refer a "valid person" (as
defined below) to CLUBUBT through CLUBUBT's
referral process, and that person becomes a
paying member of the ClubUBT Club and remains a
paying member for three consecutive months, you
will receive twenty dollars (US$20). |
| 2 |
A "valid person" must be a
new customer (and unique to CLUBUBT), over the
age of 18 that registers for CLUBUBT.COM and
| 1 |
Is not be registered under
any other name or alias |
| 2 |
Submits a valid email
address |
| 3 |
Submits their legal First
and Last Name |
| 4 |
Submits a complete valid
mailing address |
| 5 |
Accepts the CLUBUBT.COM
Terms & Conditions and |
| 6 |
Meets all other
qualifications to be a CLUBUBT Club member and
to play on the CLUBUBT site as set forth in
these terms and conditions, as they may be
modified from time to time.
6a) CLUBUBT
reserves the right to determine in its sole
discretion whether a customer is a "valid
person." |
|
| 3 |
By entering a referral
e-mail address, you hereby authorize CLUBUBT to
use your name to extend an invitation to the
user of that e-mail address to join CLUBUBT. |
| 4 |
We may modify any of the
terms and conditions of or cancel the referral
program, at any time and in our sole discretion,
by posting a change or cancellation notice on
our site. Modifications may include, for
example, changes in the scope of available
bonus, and of referral program rules. |
| 5 |
Any abuse of the referral
program may result in the cancellation of the
above bonuses or entry, as well as account
closure. |
|
14. THIRD PARTY
WEBSITES
| 1 |
Other Sites Are Not Our
Responsibility.
This Site may link you to
other websites, which websites may contain
information or material that some people may find
objectionable. These other websites are not under
the direct control of CLUBUBT.COM and you
acknowledge that CLUBUBT.COM is not responsible
for the accuracy, copyright and trade mark
compliance, legality, decency or any other aspect
of the content of such websites. You further
acknowledge and agree that CLUBUBT.COM shall not
be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance
on any such third party content, goods or services
available on or through any such website. |
| 2 |
Future Marketing.
You
hereby acknowledge and agree that CLUBUBT.COM
and/or its affiliates may market products and
services to you in the future. |
15. PROPRIETARY
RIGHTS
| 1 |
Intellectual Property.
You acknowledge and agree that all content and
materials available on this Site are protected by
copyrights, trademarks, service marks, patents,
trade secrets or other proprietary rights and
laws. Designated trademarks, service marks and
brands are the property of their respective
owners. Reproduction, copying, or redistribution
for commercial purposes of any materials or design
elements on this Site is strictly prohibited
without the express written permission of
CLUBUBT.COM. Except as expressly authorized by
CLUBUBT.COM, you agree not to sell, license, rent,
modify, distribute, copy, reproduce, transmit,
publicly display, publicly perform, publish,
adapt, edit or create derivative works from such
materials or content. Notwithstanding the above,
you may print or download one copy of the
materials or content on this Site on any single
computer at any given time for your personal,
non-commercial use, provided you keep intact all
copyright and other proprietary notices. Use of
the content or materials for any purpose not
expressly permitted in these terms is strictly
prohibited. |
| 2 |
License.
CLUBUBT.COM
grants you a personal, non-transferable and
non-exclusive right and license to use any
necessary software used in connection with its
services on any single computer at any given time,
provided that you do not (and do not allow any
third party to) copy, modify, create a derivative
work of, reverse engineer, decompile, reverse
assemble or otherwise attempt to discover any
source code, sell, assign, sublicense, grant a
security interest in or otherwise transfer any
right in the software. You agree not to modify the
software in any manner or form, or to use modified
versions of the software, including, without
limitation, for the purpose of obtaining
unauthorized access to the Site. You agree not to
access the Site by any means other than through
the interface that is provided by CLUBUBT.COM for
use in accessing the Site. |
16. NO
WARRANTY
| 1 |
YOUR USE OF THIS SITE IS AT
YOUR SOLE RISK. ALL MATERIALS, INFORMATION,
SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THIS SITE ("MATERIALS") ARE
PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE.
THE MATERIALS ARE PROVIDED WITHOUT WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT. WITHOUT LIMITING THE
FOREGOING, CLUBUBT.COM, ITS SUBSIDIARIES, AND ITS
LICENSORS DO NOT WARRANT THAT THE MATERIALS ARE
ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL
MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE
AVAILABLE AT ANY PARTICULAR TIME OR LOCATION,
UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR
ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SITE ARE DOWNLOADED AT YOUR
OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM SUCH DOWNLOAD. |
| 2 |
NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
CLUBUBT.COM OR THROUGH OR FROM THE SITE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE
TERMS. |
| 3 |
CLUBUBT.COM DOES NOT WARRANT
ANY CLIENT SOFTWARE YOU MAY DOWNLOAD FROM THE SITE
OR FROM RELATED SITES. ALL MATERIALS, INFORMATION,
CLIENT SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN
OR AVAILABLE THROUGH THIS SITE ("CLIENT
MATERIALS") ARE PROVIDED "AS IS" AND "AS
AVAILABLE" FOR YOUR USE. THE CLIENT MATERIALS ARE
PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT
LIMITING THE FOREGOING, CLUBUBT.COM, ITS
SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT
THAT THE CLIENT MATERIALS ARE ACCURATE, RELIABLE
OR CORRECT; THAT THE SITE WILL MEET YOUR
REQUIREMENTS; THAT THE CLIENT MATERIALS OR SITE
WILL BE AVAILABLE AT ANY PARTICULAR TIME OR
LOCATION, UNINTERRUPTED OR SECURE; THAT ANY
DEFECTS OR ERRORS IN THE CLIENT MATERIALS WILL BE
CORRECTED; OR THAT THE CLIENT MATERIALS ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CLIENT
MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SITE ARE DOWNLOADED AT YOUR OWN
RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM SUCH DOWNLOAD. |
17. LIMITATION OF LIABILITY
IN NO EVENT SHALL CLUBUBT.COM, ITS
SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR
INABILITY TO USE, THIS SITE, INCLUDING UNAUTHORIZED
ACCESS TO OR ALTERATIONS TO YOUR TRANSMISSIONS OF DATA.
UNDER NO CIRCUMSTANCES WILL CLUBUBT.COM BE RESPONSIBLE
FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING,
TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE
SITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED
THEREIN. THIS LIMITATION OF LIABILITY SECTION APPLIES
WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS,
EVEN IF CLUBUBT.COM HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE.
18. SOLE REMEDY
IN ANY EVENT, YOUR SOLE AND EXCLUSIVE
REMEDY FOR ANY LIABILITY RELATING TO OR ARISING OUT OF
THE SERVICE OR THIS AGREEMENT, REGARDLESS OF THE FORM IN
WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT,
SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE
AND TERMINATE THIS AGREEMENT.
19.
INDEMNITY
You agree to defend, indemnify
and hold harmless CLUBUBT.COM and its parent,
subsidiaries, agents, managers, and other affiliated
companies, and their employees, contractors, agents,
officers and directors, from all liabilities, actions,
claims and expenses, including legal fees, asserted by
any third party, governmental body or governmental
agency, arising out of or relating to: (a) this
agreement; (b) your use of the Site, including any data
or work transmitted or received by you or any service
provider; (c) your connection to any CLUBUBT.COM site;
(d) your violation of this agreement; (e) your violation
of any gaming regulations, edicts or laws to which the
you are subject; or (f) your violation of any rights of
a third party or service provider.
Players are
reminded to print all transaction data, payment methods
and these Terms in order to avoid misunderstandings at a
later time.
Revision Date: September 2007 |
