1. DEFINITIONS
A. "USER and/or YOU" means you the user of this website and the individual executing this Agreement.
B. "Product" means any and all Content and Software on the Provider Web site and any portion thereof, which is accessible on the Internet at http://www.5startipster.com
C. Content included on or comprising the Site, including all information, data, software, indexes, animations, scripts, icons, graphs, videos, text typefaces, graphics, music, sounds and other material (collectively "Content") all other non-Software components of the Product and all derivative works there from are protected by copyrights, trademarks, patents or other proprietary rights (collectively "Rights"), and these Rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. These Rights are either held by Provider, its affiliates or by other who have licensed their rights to Provider.
D. “Use” means access to the Product, and to use, reproduce copies, display or perform the Product.
E. "Software" means all computer code (both source and object), applets, interfaces, commands, syntax and expressions of ideas that operate, cause, create, direct, manipulate, access or otherwise affect the Content in the Product, whether created by Provider or licensed from third parties.
F. “Provider Web site” shall mean the Web site, and all subsequent pages made available by the Provider server located at http://www.5startipster.com and any other linked or redirected web sites and/or webpages.
2. LICENSE AND PERMITTED USE
A. Notwithstanding the protectability of the Product under any law, or lack thereof, access to and Use of the Product shall be governed exclusively by the terms of this Agreement.
B. The Product is comprised of original works of authorship, (including, but not limited to, newly created gambling and gaming templates, and derivative works based on graphical scans or typed text of public domain materials) that are both proprietary and intellectual properties of Provider or its suppliers and are protected by both the terms of this Agreement as well as domestic and foreign contractual and intellectual property laws including but not limited to copyright, trademark, patent, and trade secret laws.
C. To the extent that you receive Software from Provider, such Software is deemed part of the Product.
D. Provider grants to you a limited, royalty-free and non-exclusive and non-transferable license to:
1. Use the Product as provided herein, unless your subscription is terminated as provided for in this Agreement;
2. Access, load, store and operate the Product with browser Software;
3. Access the Product, including the Content, via the Internet;
4. Display, download and print such portions thereof on an ad hoc basis for your own and your authorized visitors' education and enjoyment subject to the limitations in this Section.
E. Notwithstanding the above, you shall NOT, without the prior written consent of Provider:
1. Decompile, reverse engineer, disassemble or create derivative works from the Product;
2. Remove or obscure any proprietary notices including, but not limited to, any and all copyright, trademark and patent designations contained in the Product;
3. Upload, post, email, transmit, publish, re-publish, distribute, display or otherwise make available the Product to any third parties;
4. Secrete or otherwise prevent search engines, spiders or other bots from viewing and/or indexing any Internet website or webpage containing the Product by means of any "no follow" tags, codes, text, or any other such means.
5. Misappropriate, violate or otherwise challenge Provider's exclusive claims to any and all intellectual property associated with the Product including copyrights trademarks, and patents in the Product, and/or any derivative works created there from.
3. MODIFICATIONS
Provider has the right to modify this Agreement and any policies affecting the Provider Web site. Any modification is effective immediately upon posting to the Provider Web site or distribution via electronic mail or conventional mail. Your continued Use of the Provider Web site or any Content taken there from following notice of any modification(s) to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Provider in providing the Provider Web site, including, but not limited to: (1) any change in the Content; or (2) any change in the amount or type of fees associated with the Product is to terminate your subscription in accordance with the provisions of this Agreement.
B. To the Provider Web site. Provider has the right to modify, suspend or discontinue the Provider Web site or any portion thereof at any time, including the availability of any area of the Provider Web site, including, but not limited to, the availability of the Product. Provider may also impose limits on certain features and services or restrict your access to parts or the entire Provider Web site without notice or liability.
4. REPRESENTATIONS AND WARRANTIES
You represent, warrant and covenant that:
A. You will use the Provider Web site in accordance with this Agreement.
B. The information that you have provided to Provider is true and accurate
C. You shall at all times comply with all applicable laws, rules and regulations with respect to your Use of the Provider Web site.
D. You shall not Use the Provider Web site to infringe, misappropriate or violate the rights of Provider or third parties.
E. You shall not knowingly or otherwise introduce to or through the Provider Web site any viruses or other items of a destructive nature.
F. You shall comply at all times with this Agreement, including any modifications to this Agreement in accordance with this Agreement.
5. DISCLAIMER OF WARRANTIES
The product, including all content, software, and information made available thereon or accessed by means thereof, is distributed on as “as is” basis. There are no warranties or any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, title, compatibility, security, accuracy, or non-infringement;
A. That the functions contained in the Provider Web Site or the product shall be uninterrupted, timely, secure, or error free
B. That the product will meet your requirements
C. That the product defects shall be corrected
D. That the Provider Web Site or product shall meet any particular criteria or performance or quality or
E. That the Provider Web Site or product, including any content of the servers on which the Provider Web Site is operated, are free of viruses or other harmful components. To the maximum extent permitted under law the uniform commercial code and the uniform computer information transaction act shall not apply to this agreement.
6. LIMITATIONS ON LIABILITY
A. Use of the product/service is at your sole risk. You assume full responsibility and risk of loss resulting from your use and/or downloading the product/service, accessed through or obtained by means of the Provider Web Site. The Provider and its affiliates, agents, sponsors, licensors, and any Provider of telecommunications or network services for Provider shall not be liable to you or anyone else for any damages including, but not limited to, punitive, consequential, exemplary, special, incidental, direct, indirect, legal fees, damages for loss of profits, goodwill or other intangible losses or similar damages even if advised of the possibility of such damages.
B. The Provider’s Web site and Content may contain third party sponsor links, facts, views, opinions and recommendations of individuals and organizations deemed to be of interest. Provider does not guarantee the accuracy, reliability, completeness or timeliness of, or otherwise endorse these views, opinions or recommendations. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum or information shall be at your own risk. The Provider’s Web site may contain links and pointers to other sites on the Internet which may be maintained by third parties. Such links do not constitute an endorsement by Provider of any third-party site or any materials contained therein. Provider does not control and is not responsible for, the availability, accuracy, privacy policy or currency of such third-party sites or any information, content, products or services accessible from such third-party sites.
7. LIMITATION OF DAMAGES
The Liability of Provider, its affiliates, agents, sponsors, licensors, and any Provider of telecommunications or network services for Provider, if any arising out of kind of legal claim, whether in contract, tort, or otherwise, in any way connected with the Provider Web Site in contract, tort, or otherwise, in any way connected with the Provider Web Site, the product or Provider is limited to the minimum amount allowed by Law and in no event shall it exceed one Pound Sterling (£1.00).
8. REGISTRATION AND SECURITY
A. As part of the registration process, you shall select an email and domain .You shall provide Provider with certain registration information, all of which must be accurate and updated as appropriate.
B. You may not (1) select or use an email or domain of another person with the intent to impersonate that person; (2) use an email or domain in which another person has rights without such person's authorization; or (3) use an email or domain that Provider, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your subscription.
C. You shall be responsible for maintaining the confidentiality of your password.
D. You shall immediately notify Provider of any known or suspected unauthorized Use(s) of your subscription, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password.
E. You are responsible for all usage or activity with your subscription, including, but not limited to, Use of your subscription by any third party authorized by you to Use your subscription, subscriber ID and password. You are also responsible for any and all unauthorized use of your subscription. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your subscription, at Provider's sole discretion, and Provider may refer you to appropriate law enforcement agencies.
9. TERM & TERMINATION
A. The rights granted by this License will terminate immediately and without the notice from Provider if you fail to comply with any of its provisions. Upon termination, You must cease use of the Product and You must destroy any Content or Software and all copies thereof.
B. Your subscription shall continue until terminated by Provider or until you notify Provider in writing, either via mail, e-mail or fax, of your decision to terminate your subscription.
C. Either You or Provider may terminate Your SUBSCRIPTION at any time. You understand and agree that termination of Your subscription is Your sole right and remedy with respect to any dispute with Provider. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or Provider's enforcement or application of this Agreement; (2) any policy or practice of Provider, including enforcement or application of these policies; (3) the content available through Provider or any change in content provided through Provider; and (4) Your ability to access and/or Use the Provider Web site. If Provider terminates this Agreement, Provider reserves the right to refuse to provide a subscription or any Product to you in the future.
10. CANCELLATIONS AND REFUNDS
The user can cancel membership from the Provider Web Site at anytime. To do this, the user can refer to the Help Section of the Provider Web Site where details on cancellation are held. As Provider Web Site offer a non tangible service, they Provider Web Site will not issue refunds once payment has been made, or once the service has been delivered. Under ‘Special Circumstances’ the Provider Web Site may use their discretion to consider refunds.
11. PUBLIC REFERENCE
You shall not use or refer to any trademarks, service marks, logos, or other identifiers of Provider, nor properties owned, controlled, licensed or otherwise proprietary to Provider without the prior written consent of Provider. Any such permitted use of any trademarks, service marks, logos or other identifiers shall inure to the benefit of Provider.
12. SEVERABILITY
If any provision of this Agreement is found by any court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the other provisions of this Agreement, and all provisions not affected by such invalidity shall remain in full force and effect.
13. WAIVER
The waiver by either party of a breach or default in any of the provisions of this Agreement by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions; nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default by the other party.
14. INDEPENDENT CONTRACTOR
No party shall have the power to bind the other party, nor shall any party make any such representation to third parties. The parties’ relation to the other shall be that of an independent contractor solely responsible for the manner and means by which the duties hereunder are carried out. No party shall be construed for any purpose to be an employee subject to the control and direction of the other party.
15. FORCE MAJEURE
If the performance of any part of this Agreement by the parties is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, terrorism, earthquake, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes; provided, however, that if such period of force majeure last more than thirty (30) days, then the other party hereto may terminate this Agreement.
16. HEADINGS
The section headings used herein are for reference and convenience only and shall not enter into the interpretation hereof.
17. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties with respect to the subject matter of the Agreement, and supersedes all prior agreements between the parties, whether written or oral, relating to the same subject matter. |
