BLACKJACK-UNLIMITED.COM ("BLACKJACK-UNLIMITED" or "BLACKJACK-UNLIMITED.COM") provides the BLACKJACK-UNLIMITED games and tournament sweepstakes (collectively, the "Service") to any person ("you" or "your") who completes the registration process to become a member of the Service and is accepted by BLACKJACK-UNLIMITED to become a member on the following terms, which may be updated by BLACKJACK-UNLIMITED from time to time without notice to you.
This document was last updated on October 10, 2010.
BY CLICKING THE "Create My Account" LINK ON REGISTRATION PAGE OF WEBSITE AND SUBMITTING THE REGISTRATION FORM OR ACCESSING, USING OR INSTALLING ANY PART OF THE SERVICE, YOU EXPRESSLY AGREE AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU CANNOT ACCESS, USE OR INSTALL ANY PART OF THE SERVICE.
YOU MAY PRINT THESE PAGES FOR YOUR RECORDS.
1. General Terms, Definitions and Interpretations
The following terms shall have the following meanings in this agreement:
"Site" shall mean the BLACKJACK-UNLIMITED website.
"BLACKJACK-UNLIMITED Game Client" shall mean the software used to run the blackjack game.
Section References. References to a "Section" shall be deemed references to an enumerated section of this agreement.
References to a "Subsection" shall be deemed references to labeled Subsection of this agreement.
Reference and Convenience of Labels
Section headings and Subsection labels are used for convenience and referential notation only and shall have no interpretative effect or impact whatsoever.
2. USE OF GAMING POWER
Gaming power is a combination of maximum permitted bet size, number of allowed hands in every game and number of games permitted to play every day. Gaming Power is given to every registered player at BLACKJACK-UNLIMITED for free and may be increased if player desires so by subscribing on any package available for purchase.
BLACKJACK-UNLIMITED Gaming Power is for entertainment purposes only and is not redeemable or transferable for real-world funds or prizes whatsoever and cannot be used for any purpose except as provided in this section. Gaming Power is not redeemable for any amount of real world currency or monetary value from BLACKJACK-UNLIMITED at any time.
All players receive basic Gaming Power when they register their account. If the player doesn't use that day's Gaming Power (does not play some or all of permitted games), it is forfeited and not recoverable on subsequent days. Calendar day is defined by Greenwich Mean Time (GMT) 00:00 GMT to 23:59:59 of the same day.
Additional Gaming Power may be purchased as a monthly subscription using real world currency and/or by successfully completing special offers or promotions. BLACKJACK-UNLIMITED may charge fees for the license to use Gaming Power or may award and/or distribute Gaming Power at no charge, at BLACKJACK-UNLIMITED's sole discretion.
Purchases of any Gaming Power subscription, sold on BLACKJACK-UNLIMITED, are purchases of a limited, non-transferable, revocable license. The license may be terminated immediately if your account is terminated for any reason, in BLACKJACK-UNLIMITED's sole and absolute discretion, or if BLACKJACK-UNLIMITED discontinues providing and/or dramatically alters the services on the Site.
Additional Gaming Power may be also awarded to players upon bringing friends who register account with BLACKJACK-UNLIMITED or by other means that may be presented to players from time to time or based on successful completion of special offers or promotions at BLACKJACK-UNLIMITED's sole discretion. These awards are dependent on successful completion of said offers, as defined by the company or affiliate providing the offer or promotion.
You agree that all purchases of Gaming Power subscription sold on BLACKJACK-UNLIMITED are final. No refunds will be given for your purchases. You agree that Gaming Power will be forfeited if your account is terminated for any reason, in BLACKJACK-UNLIMITED's sole and absolute discretion, or if BLACKJACK-UNLIMITED discontinues providing and/or dramatically alters the services on the Site.
You agree that any awards or granting of Gaming Power on BLACKJACK-UNLIMITED received from completing a special offer or promotions are dependent upon successful completion of said offer or promotion.
You agree that BLACKJACK-UNLIMITED has the right to manage, control, modify and/or eliminate Gaming Power as it sees fit at its sole discretion. Further, you agree that BLACKJACK-UNLIMITED will have no liability to you based on BLACKJACK-UNLIMITED's exercise of these rights.
You agree that Gaming Power is non-transferable between BLACKJACK-UNLIMITED accounts. Further, any play deemed unethical by BLACKJACK-UNLIMITED in its sole discretion may result in the applicable player(s) accounts being terminated and further access to BLACKJACK-UNLIMITED being suspended permanently with no obligation to the applicable players.
3. Gaming Power Subscriptions
Gaming Power may be purchased on a monthly recurring basis as presented in cashier section on Site.
BLACKJACK-UNLIMITED may change subscription prices and conditions from time to time on it’s own discretion.
4. Cash Competition
Cash Competition is monthly based. It starts at 00:00 GMT every first day of fiscal month and expires at 23:59 of last day of fiscal month. NO PURCHASE IS NECESSARY TO ENTER MONTHLY COMPETITION
All registered players compete for cash prize of a value as advertised at the beginning of every month based on their Gaming Balance. Gaming Balance is a difference between value of all bets done by player during current month’s competition and total value of all winnings gained by player during current month’s competition. Cash Prizes are distributed to players who have positive Gaming Balance higher than average positive Gaming Balance of all players in a proportional manner.
BLACKJACK-UNLIMITED makes available for all players a minimum value of Gaming Balance by the end of every month’s subscription – Target Gaming Balance. If player’s Gaming Balance is higher Target Gaming Balance, then he/she is qualified for getting cash prize.
BLACKJACK-UNLIMITED make available current value of Target Gaming Balance by updating it at 00:00 GMT every day. You agree and understand that current Target Gaming balance is only valid for current day and may change before subscription period expires.
5. Description of Play
Players may play blackjack and / or any of other games in the BLACKJACK-UNLIMITED Site (a description of all available games may be found at How to Use
BLACKJACK-UNLIMITED may add or withdraw some of games without prior notice.
6. Player Eligibility
Subject To Local Laws
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 or all residents of, or persons present in, certain Jurisdictions. It is your responsibility to determine the law that applies in the applicable Jurisdiction, and BLACKJACK-UNLIMITED does not make any representation or warranty, express or implied, as to the lawfulness of your participation in the competition sweepstakes, or that materials on this Site are appropriate for use in your Jurisdiction. BLACKJACK-UNLIMITED does not intend that the Site be used by persons present in Jurisdictions in which the playing of card games for free or entering sweepstakes may be prohibited or restricted. You agree that the Site does not constitute an offer, solicitation or invitation by BLACKJACK-UNLIMITED for the use of any service in any Jurisdiction in which such activities are prohibited or restricted. You agree that, and BLACKJACK-UNLIMITED asserts that, BLACKJACK-UNLIMITED shall not have any responsibility under any laws in any Jurisdiction, other than the state of Delaware in the United States. BLACKJACK-UNLIMITED further reserves the right to require you to provide proof that you are eligible to participate and win prizes in the online competition sweepstakes prior to payment of any winnings or prizes. Proof of eligibility includes, but is not limited to, a copy of a valid government issued identification and proof of address. BLACKJACK-UNLIMITED also reserves the right, in its sole and absolute discretion, to refuse service and access to any potential participant.
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. See more details here
Initial Account Establishment
Continuing Duty and Affirmation
Each time you use the Site, you represent and warrant to BLACKJACK-UNLIMITED that:
You are at least eighteen (18) years of age, or the legal age to participate in a competition sweepstakes in the applicable Jurisdiction, whichever is higher;
Your access to the Site, your participation in competition sweepstakes, and BLACKJACK-UNLIMITED's offering and operating the competition 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 BLACKJACK-UNLIMITED. By applying for registration, you authorize BLACKJACK-UNLIMITED to make any and all enquiries, as BLACKJACK-UNLIMITED in its sole discretion considers necessary to verify the information provided by you. BLACKJACK-UNLIMITED may require you to submit such proof of age, identity and place of residence as it may require, at any time. BLACKJACK-UNLIMITED 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.
No employee of BLACKJACK-UNLIMITED or of any of its parent companies, subsidiaries or affiliates, licensees, advertising, promotional or other agencies, software suppliers and/or developers is permitted to win any prizes on the Site. Any such person found to have violated this provision shall not be entitled to collect any winnings.
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 yourself. 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.
Affirmation of Skill & Fairness
YOU HEREBY ACKNOWLEDGE AND AGREE THAT COMPETITION SWEEPSTAKES ARE CONTESTS THAT ARE DETERMINED PRIMARILY BY SKILL AND THAT NO CONSIDERATION IS REQUIRED FOR YOU TO PARTICIPATE IN THE COMPETITION SWEEPSTAKES. ADDITIONALLY, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS AND THAT THESE TERMS AND CONDITIONS ARE FAIR.
8. Subscription Services
By registering for any Gaming Power Subscription, you authorize BLACKJACK-UNLIMITED to charge applicable recurring fees to your designated credit card or other payment mean. Monthly subscriptions are billed on a monthly cycle, which begins upon successful registration and ends 1 month thereafter. Your membership will be extended through the end of the billing cycle of your then pre-existing. All subscription membership plans renew automatically at the end of the applicable billing cycle unless you cancel your subscription plan at least 10 days before the end of the cycle. If, upon the scheduled subscription renewal date billing attempt fails, you will be downgraded to a free monthly membership and your Gaming Power will be downgraded accordingly. If your use of our services is subject to use or sales tax, then BLACKJACK-UNLIMITED may also charge you for any such taxes, besides the subscription fee or other fees published at BLACKJACK-UNLIMITED. BLACKJACK-UNLIMITED reserves the right to change the fees, charges or billing methods in effect, or add new fees and charges, at any time. BLACKJACK-UNLIMITED will announce these changes in advance. You are responsible for reviewing the BLACKJACK-UNLIMITED website to obtain timely notice of such changes. Continued use by you of the Service after notice of the changes constitutes acceptance of such changes. Your subscription membership fees are payable in advance and are not refundable in whole or in part for any reason. You are responsible for any Internet service provider, telephone, wireless and other connection fees that you may incur when using BLACKJACK-UNLIMITED, even when we offer a free service.
9. Cash Prize Awards
Our monthly prize amount represents the total cash awarded in any calendar month.
10. Account Identifiers
Once you have selected and been allocated a unique screen name, password and/or PIN or other appropriate security code ("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 BLACKJACK-UNLIMITED by sending an e-mail to support department of BLACKJACK-UNLIMITED, whereupon new Identifiers may be selected and allocated and any future transactions under the previous Identifiers may be voided, at the sole discretion of BLACKJACK-UNLIMITED. 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 BLACKJACK-UNLIMITED as provided herein) will be treated as valid.
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.
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 BLACKJACK-UNLIMITED as provided above) and you agree to indemnify and hold harmless BLACKJACK-UNLIMITED, 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.
11. No Interest
Any monies or prizes held in your account shall not bear interest in your favor. If you win any money or prizes from the tournament sweepstakes, then you are solely responsible for and required to make all arrangements for the payment of any taxes due from you in your applicable Jurisdiction.
12. Account Suspension
Right To Cancel Account
BLACKJACK-UNLIMITED reserves the right to refuse or cancel your registration and/or account for any reason whatsoever at any time with or without notice to you.
If your account is terminated or suspended, BLACKJACK-UNLIMITED reserves the right to determine whether to declare as void any transactions placed by you.
13. Site Use
Services May Change or End
BLACKJACK-UNLIMITED 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.
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 BLACKJACK-UNLIMITED 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.
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.
Odds, Risk and Fair Play
You acknowledge and agree that the tournament sweepstakes are skill-based contests that measure your ability to play blackjack or other games and manage risk against the skills of others and that you are not likely to profit from this entertainment endeavor.
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 BLACKJACK-UNLIMITED 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 BLACKJACK-UNLIMITED reserves the right to institute civil or file criminal proceedings against you and to report you to the relevant regulatory authorities.
Behavior & Responsibility
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.
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 BLACKJACK-UNLIMITED web site, including but not limited to the Site. You acknowledge and understand that any attempt to participate in any service offered on any BLACKJACK-UNLIMITED Site by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to any BLACKJACK-UNLIMITED 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.
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 BLACKJACK-UNLIMITED in the sole discretion of BLACKJACK-UNLIMITED.
You agree that BLACKJACK-UNLIMITED is not liable for any loss caused by any unauthorized use of your credit card by a third party in connection with any BLACKJACK-UNLIMITED Site or any third party site.
Any attempt to defraud any BLACKJACK-UNLIMITED 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.
You agree that BLACKJACK-UNLIMITED 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 BLACKJACK-UNLIMITED site or your account.
You, as the holder of your account, are solely responsible for all obligations and are entitled to all benefits therefrom, and may not allow any other person to access your account, access any BLACKJACK-UNLIMITED 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 BLACKJACK-UNLIMITED site, you agree to indemnify, defend, and hold BLACKJACK-UNLIMITED harmless from or for any claims, liability, damages, and/or costs (including attorneys' fees) arising from any use of your account by any person.
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 BLACKJACK-UNLIMITED.
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 BLACKJACK-UNLIMITED by e-mail support department of BLACKJACK-UNLIMITED. You agree to refrain from taking any advantage whatsoever of that error or incompleteness and BLACKJACK-UNLIMITED 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. BLACKJACK-UNLIMITED will not be liable for any alleged winnings that are, in BLACKJACK-UNLIMITED's sole discretion, the result of a system error or malfunction.
Whenever BLACKJACK-UNLIMITED 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 BLACKJACK-UNLIMITED. Such materials will become the property of BLACKJACK-UNLIMITED and will not be returned to you.
14. Third Party Websites
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 BLACKJACK-UNLIMITED and you acknowledge that BLACKJACK-UNLIMITED 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 BLACKJACK-UNLIMITED 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.
You hereby acknowledge and agree that BLACKJACK-UNLIMITED and/or its affiliates may market products and services to you by sending you promotional e-mails or by other means.
15. Proprietary Rights
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 BLACKJACK-UNLIMITED. Except as expressly authorized by BLACKJACK-UNLIMITED, 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.
License. BLACKJACK-UNLIMITED 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 BLACKJACK-UNLIMITED for use in accessing the Site.
The BLACKJACK-UNLIMITED site is not open to anyone under the age of eighteen (18).
17. No Warranty
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, BLACKJACK-UNLIMITED, 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.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLACKJACK-UNLIMITED OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
BLACKJACK-UNLIMITED 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, BLACKJACK-UNLIMITED, 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.
18. Limitation of Liability
IN NO EVENT SHALL BLACKJACK-UNLIMITED, 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 BLACKJACK-UNLIMITED 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 BLACKJACK-UNLIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
19. 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.
You agree to defend, indemnify and hold harmless BLACKJACK-UNLIMITED 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; © your connection to any BLACKJACK-UNLIMITED 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.
21. Right To Cancel Contest
If BLACKJACK-UNLIMITED, its parents, affiliates, managers, or directors 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 the contests, then the tournament sweepstakes may be ended by BLACKJACK-UNLIMITED and BLACKJACK-UNLIMITED shall owe you nothing. BLACKJACK-UNLIMITED, its parents, affiliates, managers, or directors, may in their sole and absolute discretion have a drawing for any prizes in the event that the tournament sweepstakes is cancelled.
You agree that this agreement and all incorporated agreements may be automatically assigned by BLACKJACK-UNLIMITED, in its sole discretion, to a third party in the event of a merger or acquisition.
BLACKJACK-UNLIMITED's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. BLACKJACK-UNLIMITED's failure to enforce in one or more instances any of these terms shall not be construed as a waiver of the future performance of any term.
Severability and Integration
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and BLACKJACK-UNLIMITED with respect to this Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and BLACKJACK-UNLIMITED with respect to this Site. If any part of these terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Except as expressly stated otherwise, any notices to BLACKJACK-UNLIMITED shall be made by e-mail to BLACKJACK-UNLIMITED’s support department.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this agreement or use of the Service must be filed within one (1) year after such claim or cause of action arises or be forever barred.
BLACKJACK-UNLIMITED will act as the final arbitrator in any dispute involving BLACKJACK-UNLIMITED and any other party. BLACKJACK-UNLIMITED reserves the right to employ an arbitrator of its choice to act as an agent of arbitration in place of BLACKJACK-UNLIMITED in the event of a dispute, and in the event of a dispute, all decisions made by BLACKJACK-UNLIMITED will be final.