Conditions Of Use
(Last Updated: 4/18/2019)
Agreement Between User & BingoTreasure.com
Welcome to the website,
, or any associated mobile application (the "Website") owned and operated by BingoTreasure.com ("
"). BingoTreasure.com provides the Website and all other related services (the "
") subject to the notices, terms, and conditions set forth in this agreement (the "
"). This Agreement is a legal contract between you and BingoTreasure.com that governs your use of the Website and the Services (collectively, the "
ACCESSING, BROWSING OR OTHERWISE USING THE SITE IN ANY MANNER
IS CONDITIONED UPON YOUR ACCEPTANCE, WITHOUT MODIFICATION, OF
THE TERMS, CONDITIONS AND NOTICES CONTAINED HEREIN, AND
THE MANNER IN WHICH BINGOTREASURE.COM OPERATES THE SITE.
IT IS IMPORTANT FOR YOU TO READ THIS AGREEMENT CAREFULLY SINCE YOUR USE OF THE SITE IN ANY MANNER CONSTITUTES YOUR UNCONDITIONAL CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL OF THE TERMS, CONDITIONS AND NOTICES OF THIS AGREEMENT, AND THE MANNER IN WHICH BINGOTREASURE.COM
OPERATES THE SITE
, DO NOT ACCESS, BROWSE OR OTHERWISE USE THE SITE IN ANY MANNER.
Amendments To Agreement
BingoTreasure.com reserves the right, at any time and in its sole discretion, to not only modify the Site but to also amend this Agreement and change the terms, conditions, and notices under which the Site is offered, including but not limited to the charges associated with the use of the Site. You are responsible for regularly reviewing this Agreement and these terms, conditions and notices, and any additional terms posted on the Site. If such amendments/changes are not acceptable to you, your sole remedy is to cease using the Site otherwise, your continued use of the Site after the effective date of such amendments/changes constitutes your unconditional acceptance of and agreement to such amendments/changes.
You represent and warrant that:
you are not accessing the Site through an anonymizing system or service;
you will not forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Site or to manipulate your presence on the Site;
you will not impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
you will not use any means, including without limitation, agents, robots, scripts, or spiders, to access, monitor, copy, or harvest data from the Site;
you are not located in a country embargoed by the United States nor are you on the U.S. Treasury Department's list of Specifically Designated Nationals;
you are at least 18 years old and of a legal age and condition with the right, authority, and capacity, in your jurisdiction, to enter into this Agreement and form a binding contract with BingoTreasure.com to use the Site; and
you will not use the Site for any purpose that is unlawful or prohibited by this Agreement or your jurisdiction, including any use of the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site in any way through any means or device including, but not limited to,
spamming, hacking, uploading computer viruses or time bombs, or by any other means expressly prohibited by a provision of these Conditions of Use
Subject to your compliance with this Agreement, BingoTreasure.com grants you a non-exclusive, non-transferable, limited, revocable, non-transferable, and non-exclusive license to access and make personal use of the Site and any Virtual Items, as hereinafter defined, on the Site (the "
Any breach of the terms of this Agreement or the unauthorized use of the Site, as determined by BingoTreasure.com in its sole discretion, shall result in the immediate revocation of the Licenses granted in or pursuant to this Agreement without notice, recourse, or compensation.
Except as expressly permitted in this Agreement, you may not, without the prior express written consent of BingoTreasure.com: visit, or otherwise exploit, download, reproduce, duplicate, copy, distribute, display, sell, resell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, or decompile this Site or any portion of the Site or the Site's content; frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information including, but not limited to, images, text, page layout, or form, of the Site; or use any meta tags or any other "hidden text" utilizing the Site's name or trademarks; create more than one (1) BingoTreasure.com Player Account per natural person, or engage in any other fraudulent account activity or behavior.
BingoTreasure.com reserves the right to remove or edit content, refuse service, terminate the Licenses, terminate BingoTreasure.com Player Accounts, and/or cancel orders at the sole discretion of BingoTreasure.com, for any reason whatsoever, including, without limitation, if BingoTreasure.com believes that your conduct violates this Agreement or applicable law or is harmful to the interests of BingoTreasure.com or other BingoTreasure.com users. Further, you agree that if BingoTreasure.com, in its sole discretion, determines that you have breached the terms of this Agreement, BingoTreasure.com may, without notice, recourse or compensation, terminate all of your Licenses, your Player Account, and/or withhold, cancel, or otherwise retain any or all of your pending orders and deliveries.
BingoTreasure.com Player Account Creation
Certain web pages, content, and functionality on the Site are available to the general public however, the majority of the content and functionality on the Site is restricted to the Players who have created a BingoTreasure.com player account (the "
BingoTreasure.com Player Accounts are FREE!
If you choose to become a BingoTreasure.com Player and create a Player Account to potentially enhance your use of the Site, you must provide certain information, including your name, a valid email address, a username and a password (the "
Player Account Data
To preserve your privacy, a Display Name (your "
") will be created when you create your Player Account. Your Display Name automatically defaults to your First Name and will function as your online identifier. At this time, once a Display Name has been created, it can only be changed by BingoTreasure.com. BingoTreasure.com reserves the right to amend your Display Name, without prior notice, if BingoTreasure.com, in its sole discretion, deems your Display Name to be offensive, misleading or infringing upon the rights of third parties.
BingoTreasure.com reserves the right to limit, in its sole discretion, the number of BingoTreasure.com Player Accounts per natural person and the number of BingoTreasure.com Player Accounts per household. Subject to the limitation of one (1) non-transferable BingoTreasure.com Player Account per natural person, there is currently no limit on the number of BingoTreasure.com Player Accounts per household.
Only individuals may create a BingoTreasure.com Player Account, not entities, companies, trusts, co-ops, etc.
You agree to provide accurate Player Account Data and to update the Player Account Data, as necessary, to keep it accurate.
You acknowledge that you may only have one non-transferable BingoTreasure.com Player Account and you agree that you will not allow others to use your Player Account Data to sign in to the Site, that you are solely responsible for maintaining the confidentiality and security of your BingoTreasure.com Player Account Data, and that you bear responsibility for all activities that occur under your BingoTreasure.com Player Account.
You agree that you will not, and that you will not allow or enable any other person, either through the use of your BingoTreasure.com Player Account Data or any other means to:
reverse engineer, decompile or disassemble any portion of the Site including, but not limited to, the software including any and all ideas, concepts, know-how, methods, techniques, processes and database structure developed or conceived by BingoTreasure.com, schemas, templates, images, audio, associated media, and related documentation and information, exclusive of the Submissions as defined below (collectively, the "
BingoTreasure.com Intellectual Property
"), except and only to the extent that this limitation is expressly prohibited by applicable law;
license, sub-license, sell, resell, transfer, assign, distribute, provide commercial hosting services with, or otherwise commercially exploit or make available to any third party, the BingoTreasure.com Intellectual Property in any way, whether or not for payment or other consideration;
modify or make derivative works based upon the Site or the BingoTreasure.com Intellectual Property;
reverse engineer or access the Site or the BingoTreasure.com Intellectual Property in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Site or the BingoTreasure.com Intellectual Property, or (c) copy any ideas, features, functions or graphics of the Site or the BingoTreasure.com Intellectual Property.
You agree to notify BingoTreasure.com immediately of any unauthorized use of your Sign In Data on the Site by sending an
, the receipt of which will be evidenced by a confirmation email from BingoTreasure.com. Failure to receive the confirmation email requires the re-submission by
of your notification.
BingoTreasure.com shall not be responsible for any losses arising out of the unauthorized use of your Sign In Data and you agree to indemnify and hold harmless BingoTreasure.com, its directors, officers, employees, partners, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same.
Use of the Site requires compatible devices, internet access, and certain software, third party fees may apply; may require periodic updates; and may be affected by the performance of these factors.
High-speed internet access is strongly recommended for regular use.
BingoTreasure.com does not offer real money gambling or an opportunity to win real money or prizes. Practice or success at social gaming, which is offered on the Site, does not imply future success at real money gambling.
No Purchase Necessary
You can play for FREE on the Site
. There is never any requirement that you make any purchase of any kind to use the Site. The Site may include an opportunity to earn or purchase virtual in-game currency, including but not limited to Bingo Credits, Bingo Coins, PowerUPs, Boosts, points, bonuses, virtual in-game items or collections, and/or other items, all for use on the Site, all with no cash value (collectively, the "
A valid BingoTreasure.com Player Account is required to play on the Site and, when you create your Player Account, FREE Bingo Credits, Bingo Coins, PowerUPs, and Boosts will be automatically deposited into your Player Account. Additionally, you may receive Bingo Credits, Bingo Coins, and PowerUPS or other Virtual Items throughout the day when you access the Bonuses or when you participate in Bingo Games. If you exhaust your supply of Bingo Credits, Bingo Coins, PowerUPs, or Boosts (the "Basic Virtual Items"), you may elect to purchase additional Basic Virtual Items and continue to play the games on the Site or you may wait until additional Basic Virtual Items are available to you through the Bonuses. Virtual Items are licenses to you by BingoTreasure.com for your use on the Site, subject to the timitations and other terms set forth in this Agreement.
If you wish to purchase Virtual Items, you may be required to pay a fee using nonvirtual currency (the "
Real World Money
") to obtain the Virtual Items. Virtual Items can never be redeemed or cashed out for Real World Money or for any other item of monetary value from BingoTreasure.com or any other party. You understand that you have no right or title in:
the Virtual Items appearing or originating in any BingoTreasure.com game, whether awarded in a game or purchased from BingoTreasure.com; or
any other attributes associated with a Player Account or stored on the Site.
Your purchase of Virtual Items is final and is not refundable, transferable or exchangeable, except in BingoTreasure.com's sole discretion. You may not transfer, purchase, sell, or exchange Virtual Items outside the Site, or attempt to sell, give or trade anything outside the Site that appears or originates on the Site unless otherwise expressly authorized by BingoTreasure.com in writing. Any nonauthorized transfer will not be recognized or regarded as legitimate. You may not sublicense, trade, sell, or attempt to sell in-game Virtual Items for Real World Money, or exchange Virtual Items for value of any kind outside of a game, without BingoTreasure.com's written permission. Doing so is a violation of this Agreement and may result in termination of your Player Account and/or legal action taken against you. Any such transfer or attempted transfer is prohibited and void. Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Items on the Site, you have no right or title in or to any such Virtual Items appearing or originating on the Site, or any other attributes associated with use of the Site or stored on the Site.
BingoTreasure.com retains the right to manage, regulate, control, modify and/or eliminate Virtual Items at its sole discretion, and BingoTreasure.com shall have no liability to you or anyone for the exercise of such rights. Prices and availability of Virtual Items are subject to change without notice. In addition to the foregoing, BingoTreasure.com may selectively remove or revoke Virtual Items associated with your Player Account upon its sole discretion. Virtual Items may only be held by legal residents of countries where access to and use of the Services are permitted. Virtual Items may only be purchased or acquired from BingoTreasure.com and through means provided on the Site or otherwise expressly authorized. BingoTreasure.com does not recognize any purchases or transfers made outside of the Site, and shall not be liable for any claims or damages caused to the Players/users with respect to Virtual Items purchased or obtained from third parties, and not through the means provided on the Site. We reserve the right to refuse your request to purchase and/or acquire Virtual Items for any reason or revise the pricing for the Virtual Items at any time
You can get a limited license to Virtual Items by visiting the purchase page on the Site, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to this Agreement. Your order for Virtual Items will represent an offer to us to obtain a limited license for the relevant Virtual Items which will be accepted by us when we make the Virtual Items available in your Player Account or debit your provided payment method, whichever comes first. Your limited license to Virtual Items for use on the Site is a service provided by BingoTreasure.com that starts when we accept your payment. When you get a limited license to use Virtual Items, they will reside in your Player Account until discharged through use of the Virtual Item or otherwise surrendered as a result of the termination of your Player Account in accordance with this Agreement. When purchasing Virtual Items or other content as may be made available, you agree to pay us the applicable charges for your purchase, including applicable taxes incurred by you or anyone using a Player Account registered to you, using a valid charge card or other payment method we may accept in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. All sales of Virtual Items and/or other content are final. If your Player Account is charged for items you did not purchase, or you did not receive the items you purchased, or you were charged an incorrect amount, you may request a refund or correction. Any refund request must be received within 24 hours from the time of purchase. Other than charges to your Player Account, you agree to notify us about any billing problems or discrepancies within 30 days after they first appear, for example, on your PayPal account, in other words, 30 days from the date of the billing problem or discrepancy. If you do not bring them to our attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us, including costs and related expenses, that were caused by or arising out of payments that you authorized or accepted. You understand that we may suspend or terminate your Player Account if, for any reason, a charge you authorize us to make to your credit card or other method of payment cannot be processed or is returned to us unpaid and, if such an event occurs, you shall immediately remit to us payment for such charge through an alternative payment method. You acknowledge that BingoTreasure.com is not required to provide a refund for any reason, other than as set forth above, and you will not receive money or other compensation for unused Virtual Items when a Player Account is closed, whether such closure was voluntary or involuntary, regardless of how you made a payment. All Virtual Items are forfeited by you if your Player Account is terminated or suspended, for any reason, in BingoTreasure.com's sole and absolute discretion, or if the Site is no longer available. If your Player Account, or a particular Virtual Item associated with your Player Account, is terminated, suspended and/or if any Virtual Items are selectively removed or revoked from your Player Account, no refund will be granted, no Virtual Items will be credited to you, or converted to cash or other forms of reimbursement.
The Site is normally available 24 hours per day, 7 days per week. However, BingoTreasure.com cannot promise or guarantee constant and uninterrupted service since we do not own, operate, manage, or control the internet and the myriad of systems that make up the internet, including your internet service provider. BingoTreasure.com is not responsible for any costs incurred by you due to a system outage. BingoTreasure.com reserves the right to cancel games that end prematurely due to system error, technical problems, or any other reasonable reason (a "
"). Game Credits expended in a Canceled Game will be automatically returned to an affect account unless a Bingo has been called in the Cancelled Game by a Player.
With current technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the internet. BingoTreasure.com, therefore, provides no guarantee for the constant and uninterrupted availability of the Site and other technical systems. BingoTreasure.com shall not be liable for any damage incurred by Players, users, or third parties from using the Site.
Data/Strategies Provided By Site
From time to time, BingoTreasure.com may make available to you, through the Site, certain data related to to the participation by Players in the activities of the Site (the "
"). BingoTreasure.com does not endorse any Player/user content or any opinion, recommendation or advice expressed therein, and expressly disclaims any and all liability for any content posted by a Player/user or any third party in any Submission, as hereinafter defined. BingoTreasure.com makes no warranty for the accuracy or efficacy of the Information in the formulation of any strategies and the use of the Information in any manner is undertaken solely at your risk. BingoTreasure.com is not liable or responsible for either your actions or the actions of other Player/users or individuals who have read or been informed of the Information.
Use Of BingoTreasure.com Communication Services & Materials Provided To BingoTreasure.com Or Posted On The Site
The Site may contain bulletin board services, chat areas, news groups, forums, blogs, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, the "
BingoTreasure.com Communication Services
"). You agree to use the BingoTreasure.com Communication Services only to post, send and receive messages and material that is proper and related to the particular BingoTreasure.com Communication Service. By way of example, and not as a limitation, you agree that when using a BingoTreasure.com Communication Service, you will not:
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights, such as rights of privacy and publicity, of others;
publish, post, upload, distribute or disseminate any inappropriate, libelous, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information, nor will you post any telephone numbers, street addresses, last names, URLs or email addresses;
upload files that contain software or other material protected by intellectual property laws, or by rights of privacy of publicity, unless you own or control the rights thereto or have received all necessary consents;
upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
advertise or offer to sell or buy any goods or services for any business purpose, unless such BingoTreasure.com Communication Service specifically allows such messages;
conduct or forward surveys, contests, pyramid schemes or chain letters;
download any file posted by another user of a BingoTreasure.com Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
restrict or inhibit any other user from using and enjoying the BingoTreasure.com Communication Services;
violate any code of conduct or other guidelines which may be applicable for any particular BingoTreasure.com Communication Service;
harvest or otherwise collect information about others, including email addresses, without their consent or the express written consent of BingoTreasure.com; or
violate any applicable laws or regulations.
BingoTreasure.com does not claim ownership of the materials you provide to BingoTreasure.com, including feedback and suggestions, or post, upload, input or submit to the Site (the "
"). However, by posting, uploading, inputting, providing or submitting your Submissions you are granting BingoTreasure.com the permission to use your Submissions including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submissions; and to publish your name in connection with your Submissions.
No compensation will be paid with respect to the use of your Submissions, as provided herein. BingoTreasure.com is under no obligation to post or use any Submissions you may provide and may remove any Submissions at any time in BingoTreasure.com's sole discretion.
By posting, uploading, inputting, providing or submitting your Submissions you warrant and represent that you own or otherwise control all of the rights to your Submissions as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
BingoTreasure.com has no obligation to monitor the BingoTreasure.com Communication Services or your Submissions and you agree to indemnify and hold harmless BingoTreasure.com, its directors, officers, employees, partners, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the BingoTreasure.com Communication Services and any and all claims arising from your Submissions or use of the BingoTreasure.com Communication Services. However, BingoTreasure.com reserves the right to review your Submissions and materials posted to a BingoTreasure.com Communication Service and to remove any materials in BingoTreasure.com's sole discretion. BingoTreasure.com reserves the right to terminate your access to any or all of the BingoTreasure.com Communication Services at any time without notice for any reason whatsoever.
BingoTreasure.com reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in BingoTreasure.com's sole discretion.
Always use caution when giving out any personally identifying information about yourself in any Submission or BingoTreasure.com Communication Service. BingoTreasure.com does not control or endorse the content, messages or information found in any Submission or BingoTreasure.com Communication Service and, therefore, BingoTreasure.com specifically disclaims any liability with regard to the BingoTreasure.com Communication Services and any actions resulting from your participation in any BingoTreasure.com Communication Service. BingoTreasure.com Players and the Site users are not authorized BingoTreasure.com spokespersons, and their views do not necessarily reflect those of BingoTreasure.com.
Materials uploaded to a BingoTreasure.com Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Links To Third Party Sites
The Site may contain links to other websites that are owned and operated by third parties. You acknowledge that BingoTreasure.com is not responsible for the operation of or content located on or through any such website and the inclusion of any link does not imply endorsement by BingoTreasure.com of the website or any association with its operators.
Any special promotions presented by BingoTreasure.com shall only be valid if they are announced on the Site or in the BingoTreasure.com Newsletter. The rules, details, and limitations of all such special promotions will be specified on the Site. BingoTreasure.com reserves the right to cancel any special promotion at any time.
Information Inaccuracy Disclaimer
From time to time there may be information on the Site that may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. BingoTreasure.com shall have the right: to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, including after you have submitted your order; and to refuse or cancel any orders placed for any product listed at the incorrect price or with incorrect information whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, BingoTreasure.com shall immediately issue a credit to your credit card account in the amount of the charge.
You agree to defend, indemnify and hold harmless BingoTreasure.com, its members, managers, shareholders, officers, directors, employees, agents, affiliates, licensors, and other partners (collectively, the "
") from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, demands, and expenses, including but not limited to attorneys' fees, suffered by the Indemnified Persons due to, arising out of, or in connection with (i) your use of and access to the Site; (ii) your violation, or the violation by any person acting in collusion with you, of any term of this Agreement or any applicable law or court order; (iii) your negligence or willful misconduct; (iv) your violation of any third party right, including without limitation any intellectual property right, confidentiality, copyright, property, or privacy right; or (v) any claim that any or all of your Submissions caused damage to a third party. This defense and indemnification obligation will survive this Agreement.
THE SITE AND THE BINGOTREASURE.COM INTELLECTUAL PROPERTY ARE PROVIDED BY BINGOTREASURE.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. BINGOTREASURE.COM EXPRESSLY DISCLAIMS, TO THE MAXIMUM EXTENT ALLOWABLE BY APPLICABLE LAW, ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING THERETO, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING, COURSE OF PERFORMANCE, UNAUTHORIZED USE AND NON-INFRINGEMENT. FURTHERMORE, BINGOTREASURE.COM DISCLAIMS ANY WARRANTIES: (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE; AND (II) THAT THE SITE WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH BINGOTREASURE.COM OR THE SITE, INCLUDING WITHOUT LIMITATION ANY DATA OR STRATEGIES, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE THAT BINGOTREASURE.COM SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE USE, IMPROPER HANDLING, MODIFICATION OR MISUSE OF THE PRODUCTS BY YOU OR ANY OTHER PERSON FOLLOWING DELIVERY BY BINGOTREASURE.COM .
THE INFORMATION, BINGOTREASURE.COM INTELLECTUAL PROPERTY, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BINGOTREASURE.COM MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
BINGOTREASURE.COM MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, BINGOTREASURE.COM INTELLECTUAL PROPERTY, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, BINGOTREASURE.COM INTELLECTUAL PROPERTY, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BINGOTREASURE.COM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, BINGOTREASURE.COM INTELLECTUAL PROPERTY, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
By agreeing to this Agreement, you agree to waive any and all rights to a jury trial or to participate in a lawsuit, action, class action or claim of any kind in court. You agree that any and all claims, disputes, and causes of action arising out of or relating to the use of the Site or arising under this Agreement (each a "
" and collectively, "
") shall be resolved on an individual basis as set forth in this section and you agree that you will not consolidate or join any claims that you may have with claims being brought by any other person or entity. Before initiating any formal Dispute resolution proceedings, you agree to negotiate with BingoTreasure.com regarding any Disputes in good faith on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding. These negotiations shall be initiated by your sending of a notice of the Dispute (the "
Notice of Dispute
") to BingoTreasure.com as specified in the "Notices" section below. If an agreement regarding a Dispute is not reached within thirty (30) days of the receipt by BingoTreasure.com of the Notice of Dispute, you and BingoTreasure.com agree to submit such Dispute to a confidential and binding arbitration, on an individual basis, under the rules of the American Arbitration Association. The arbitration, including the rendering of an award, shall take place in the County of Douglas, Nevada. The arbitrator or arbitrators shall apply the substantive law of the State of Nevada. Judgement on the award rendered by the arbitrator or arbitrators may be entered in any court of competent jurisdiction. All administrative costs of any arbitration shall be split evenly between the parties. Each party shall be responsible for paying its own attorney fees, expert fees, and litigation expenses and not those of the adversary. To the maximum extent permitted by law, the parties agree that the arbitration award shall not include consequential or punitive damages but shall only award the aggrieved party the actual damages sustained.
Without limiting, in any way, the requirements set forth in the "Dispute Resolution" section above: (i) to the maximum extent permitted by law, this Agreement is governed by and construed in accordance with the laws of the State of Nevada, without regard to conflict of laws provisions, the actual state or county of execution or loss of any different state laws that may govern this Agreement and you hereby consent to the exclusive jurisdiction and venue of courts in the County of Douglas, Nevada; (ii) THE NEVADA COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY AND ALL CONTROVERSIES ARISING OUT OF OR RELATED TO THIS AGREEMENT; (iii) ANY ACTION OR OTHER PROCEEDING WHICH INVOLVES SUCH A CONTROVERSY SHALL BE BROUGHT SOLELY IN THE COURTS NEVADA, IN THE COUNTY OF DOUGLAS, AND NOT ELSEWHERE; (vi) THE PARTIES WAIVE ANY AND ALL OBJECTIONS TO VENUE IN THOSE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS; (v) any claim under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred; and (vi) no recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees.
BingoTreasure.com reserves the right, in its sole discretion, to terminate your access to the Site or any portion thereof at any time, without notice. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and BingoTreasure.com as a result of this Agreement or use of the Site. BingoTreasure.com's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of BingoTreasure.com's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by BingoTreasure.com with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire Agreement between you and BingoTreasure.com in respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and BingoTreasure.com in respect to the Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be drawn up in English. The failure of BingoTreasure.com to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit BingoTreasure.com's rights with respect to such breach or any subsequent breaches. All rights not expressly granted to you in this Agreement are reserved to BingoTreasure.com and/or its licensors. This Agreement is not assignable or transferable or sublicensable by you except with BingoTreasure.com's prior written consent. BingoTreasure.com may transfer, assign or delegate this Agreement and its rights and obligations without consent. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you utilize the Site while located in a prohibited jurisdiction or your use of the Site or any portion thereof is prohibited in the jurisdiction you are located in during such use, you will be in violation of the law and this Agreement and your access to the Site or any portion thereof may be terminated at any time, without notice. You agree that BingoTreasure.com cannot be held liable if laws applicable to you restrict or prohibit your use of the Site or any portion thereof.
The UN Convention on the International Sale of Goods shall not apply.
You are solely responsible for your interactions with other users and BingoTreasure.com Players. BingoTreasure.com reserves the right, but has no obligation, to monitor disputes between you and other users and BingoTreasure.com Players.
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BingoTreasure.com and the BingoTreasure.com's logos are trademarks of BingoTreasure.com All rights reserved. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
All contents of the Site and the BingoTreasure.com Intellectual Property, as well as the organization and layout of the Site, are owned and copyrighted or licensed by BingoTreasure.com, its affiliates or its suppliers, and is protected to the maximum extent permitted by US and foreign laws and international treaty provisions. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials of BingoTreasure.com, which includes the Site and the BingoTreasure.com Intellectual Property, is permitted without the express written permission of BingoTreasure.com. Any rights not expressly granted herein are reserved.
Notices & Procedure For Making Claims Of Copyright Infringement
BingoTreasure.com respects the intellectual property of others. If you believe that any content on the Site infringes upon your copyrights, please follow our
Notice and Procedure for Making Claims of Copyright Infringement
Non-Copyright Infringement Questions Or Comments
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Except as provided otherwise in this Agreement, all notices, requests, instructions, and other communications given to BingoTreasure.com by you must be given in writing by hand delivery in return for a receipt, sent certified or registered U.S. mail, return receipt requested, or sent by Federal Express or a similar overnight courier service, addressed to BingoTreasure.com., 9120 Double Diamond Parkway, Suite 2510, Reno, Nevada 89521 or by
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