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Terms of Service Privacy
Policy End
User License Agreement
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THIS IS AN AGREEMENT BETWEEN YOU AND BOLOTO GROUP INC.
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YOU AGREE TO PROVIDE BOLOTO ACCURATE INFORMATION SUBJECT
TO BOLOTO’S PRIVACY POLICY
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YOU AGREE TO RECEIVE ADVERTISEMENTS AND OTHER CONTENT AS
DESCRIBED IN THIS PARAGRAPH AND YOU AGREE THAT BOLOTO MAY USE YOUR REGISTRATION
DATA AND OTHER DATA SPECIFIC TO YOU IN DECIDING WHAT ADVERTISEMENTS OR CONTENT
IT WILL SEND TO YOU
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BOLOTO’S HAS THE RIGHT TO TERMINATE YOUR USE OF BOLOTO
WEBSITES
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RESPONSIBILITY FOR MINORS
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PARENTAL CONTROLS AND CHILD SAFETY
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SECURITY SOFTWARE AVAILABLE
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YOU AGREE TO ADDITIONAL TERMS NOT APPEARING IN THIS
AGREEMENT THAT APPEAR ON BOLOTO WEBSITES
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BOLOTO MAY MODIFY THIS AGREEMENT
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YOU AGREE NOT TO USE THE BOLOTO WEBSITES FOR COMMERCIAL OR
HARMFUL PURPOSES
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MEMBER AND USER CONDUCT
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YOU AGREE TO NOT TO INFRINGE COPYRIGHTS OF BOLOTO OR
OTHERS
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YOU AGREE THAT BOLOTO HAS THE RIGHT, IN ITS SOLE
DISCRETION, TO BLOCK, ADD, REMOVE, AND CONTROL THE CONTENT OF ITS WEBSITES
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MY CREDITS
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REDEEMING YOUR MY CREDITS
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YOU HEREBY GRANT TO BOLOTO THE RIGHTS TO ANY AND ALL
SUBMISSIONS THAT YOU PROVIDE TO ANY BOLOTO WEBSITE OR SERVICE
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YOU AGREE TO ASSUME THE RISK OF USING CONTENT AND
SERVICES PROVIDED BY AND THROUGH BOLOTO WEBSITES AND YOU AGREE TO ASSUME THE
RISK OF YOUR INTERACTIONS WITH OTHER MEMBERS
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YOU AGREE TO THE TERMS OF ALL END USER LICENSE
AGREEMENTS RELATING TO ANY AND ALL SOFTWARE ASSOCIATIED WITH BOLOTO WEBSITES
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BOLOTO DISCLAIMS ANY AND ALL WARRANTIES RELATING TO
THE ACCURACY OF INFORMATION AVAILABLE FROM THE BOLOTO WEBSITES
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BOLOTO MAKES NO WARRANTY
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YOUR EXCLUSIVE REMEDY; LIABILITY LIMITATIONS;
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YOU AGREE THAT BOLOTO IS NOT LIABLE FOR ANY LOSS,
HARM, INJURY YOU INCUR AS A RESULT OF DEALING WITH BOLOTO’S SPONSORS
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BEFORE USING THE CONTENT OR SERVICES OF ANY THIRD
PARTIES OFFERED THROUGH BOLOTO WEBSITES, YOU AGREE TO REVIEW AND AGREE TO THE
TERMS OF THAT THIRD-PARTY’S AGREEMENT FOR USE OF ITS WEBSITE AND/OR SERVICES
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YOU AGREE THAT BOLOTO IS NOT RESPONSIBLE FOR
CONTENT SUPPLIED TO BOLOTO WEBSITES OR TO YOU THROUGH BOLOTO
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DISPUTE RESOLUTION
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INTERPRETING THE TERMS; ASSIGNMENT
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YOU AGREE TO BRING ANY CLAIM AGAINST BOLOTO WITHIN
ONE YEAR OF THE TRANSACTION OR OCCURANCE ON WHICH THE CLAIM IS BASED
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This is an agreement between you and Boloto Group, Inc. (“Boloto”). This
Agreement governs your use of any website operated by Boloto (each, a "Boloto
Website," and collectively, the "Boloto Websites"), or any content contained in
a Boloto Website (“Content”). You represent that you are at least eighteen (18)
years of age or of majority age in the jurisdiction in which you reside, or
that you are a user of at least thirteen (13) years of age whose parent or
guardian has registered you to use Boloto Websites and services and that you
are not barred from receiving services under the laws of the United States, any
State, or any other applicable jurisdiction. You must be at least thirteen (13)
years of age to register for membership, and you must be at least eighteen (18)
years of age or have permission from a parent or guardian in order to register
for access to Boloto resources, Websites and services.
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You agree to: (a) provide true, accurate, current, and complete information
about yourself requested in any registration form ("Registration Data")
and (b) maintain and promptly update your Registration Data in order to keep it
true, accurate, current, and complete. If you provide any information that is
untrue, inaccurate, not current, or incomplete, or Boloto has reasonable
grounds to suspect that such information is untrue, inaccurate, not current, or
incomplete, Boloto has the right to suspend or terminate your account and
refuse current or future use of the Boloto Websites (or any portion thereof) or
services.
All Registration Data becomes the exclusive property of Boloto, its affiliates,
and subsidiaries. Boloto reserves the right to use and reuse all registration
and other personally identifiable user information subject to the
Boloto Privacy Policy. You acknowledge receipt of Boloto
Privacy Policy.
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Boloto provides its resources, websites, and services only to registered
members who become part of a private network or virtual private network. You
understand and agree that in order to provide you the resources, websites, and
services while preserving your actual identity from third parties, Boloto may
provide you with or have directed to you tailored advertisements, offerings, or
services that are based upon one or more of data from your registration,
demography, or your use of Boloto resources, websites, or services. You
understand and agree that advertisements may be necessary in order for Boloto
to provide you with access to certain resources, websites, or services. You
also understand and agree that certain announcements, communications,
newsletters, and the like may be sent to you directly by Boloto. Also, in some
instances, you may not be able to opt out of such advertisements or
announcements and still receive access to Boloto resources, websites, and
services. Boloto resources, websites, and services are provided “AS IS” without
any guarantees or promises regarding the storage of personal items or setting.
Moreover, access to some resources, websites, or services may require the
payment of third party fees, and you will be directly responsible for those
fees. Some Boloto resources, websites, and services may contain adult content
or materials, and you must be older than eighteen (18) years of age or have the
consent of a parent or guardian to access those resources, websites and
services.
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Use of Boloto Websites is subject to compliance with these Terms and
Conditions of Service (“Terms”). You acknowledge and agree that Boloto may
terminate your access to Boloto Websites or to any Content should you fail to
comply with the Terms or any other guidelines and rules published by Boloto.
Any such termination shall be in Boloto’s sole discretion and may occur without
prior notice, or any notice. Boloto further reserves the right to terminate any
user's access to Boloto Websites or to any Content for any conduct that Boloto,
in its sole discretion, believes is or may be directly or indirectly harmful to
other users, to Boloto, to its subsidiaries, to its affiliates, to its business
contractors, or to other third parties, or for any conduct that violates any
local, state, federal, or foreign laws or regulations. Upon termination of an
end user’s account due to conduct believed in the sole discretion of Boloto to
be directly or indirectly harmful to others or illegal, Boloto reserves the
right to share with proper legal authorities end user account information or
any other relevant information regarding end user identity and activities as
part of dealing with the end user account termination.
Your account and access to the Boloto Websites may be terminated for
inactivity. What constitutes inactivity varies depending on the Content
utilized. Boloto reserves the right to determine what constitute inactivity in
its sole discretion. You agree that Boloto will not be liable for any content
or other data that is removed due to account inactivity. Any account that
remains inactive for a period of thirty (30) days will be terminated.
Boloto further reserves the right to terminate any user's access to the Boloto
Websites or to any of the Content for any reason or for no reason at all, in
Boloto’s sole discretion, without prior notice, or any notice. Upon such
termination or suspension, your right to use the Boloto Websites will
immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU
HAVE STORED ON THE BOLOTO WEBSITES MAY NOT BE RETRIEVED LATER.
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In cases where you have authorized a minor to use the Boloto Websites, you
recognize that you are fully responsible for: (i) the online conduct of such
minor; (ii) controlling the minor's access to and use of the Content; and (iii)
the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF
THE BOLOTO WEBSITES MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.
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Certain material available on the Internet and on Boloto Websites is not
appropriate for minors. To prevent or limit your child's access to
inappropriate materials, there are a number of parental control protections
(such as computer hardware, software, or filtering services) generally
available. It is your responsibility to monitor your minor’s Internet use.
Boloto encourages parents to closely supervise their child’s use of the
Internet and to implement appropriate parental controls.
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Boloto members may download the Boloto Antivirus and or Boloto Firewall
software components. The following information is applicable to the respective
components.
Antivirus:
Antivirus component is designed to detect and destroy majority of the computer
viruses and worms and many "Trojan horses". It is capable of scanning for
viruses on the computer and in email. It cannot guarantee complete protection
from all threats. It is the responsibility of the customer to correctly
configure and/or run the antivirus component.
Firewall:
Firewall component is designed to control communication from and to a user's
computer, and can be used to permit or deny communications based on user
settings. It is the responsibility of the customer to correctly configure
and/or run the firewall component.
Boloto reserves the right to terminate the availability of either of these
components at any time for any reason without any notice. Members using either
of these components agree to login to their Member Account on
http://www.thewebyourway.com at least once every thirty (30) days or
discontinue using both of these components.
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Boloto Websites contain additional terms (e.g. Terms of Service, Codes of
Conduct, Policies or Notices) that further govern use of that Boloto Website.
You agree to review and abide by those additional terms when you use those
Boloto Websites. If any terms in this Agreement conflict with any terms in a
Boloto Website, then the terms in the Boloto Website shall control.
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Please review the Terms at the Boloto Websites prior to accessing the Boloto
Services since the Terms may have changed. Boloto may change the Terms and/or
the scope or nature of the services offered through the Boloto Websites, in
whole or in part, at any time. Posting of the updated Terms on the Boloto Sites
will constitute notice to you of any such changes, although Boloto may choose
other types of notice for certain changes. Changes will be effective upon
notice. Your continued use of the Boloto Websites following notice constitutes
your acceptance of all changes. If you do not agree to changes to the Terms or
the scope or nature of the Boloto Websites, your sole and exclusive remedy will
be to terminate your use of the Boloto Websites.
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The Boloto Websites are only for your personal use. You agree that you will
not use the Boloto Websites for commercial purposes. You agree that you will
not use the Boloto Websites in any way that is unlawful, or harms Boloto, its
affiliates, resellers, distributors, service providers and/or suppliers (each,
a "Boloto Party" and collectively, the "Boloto Parties") or any customer of a
Boloto Party, as determined in Boloto's sole discretion. Boloto may tell you
about certain specific harmful uses in a code of conduct or other notices
available through a Boloto Website, but has no obligation to do so. You may not
use the Boloto Websites in any way that breaches any code of conduct, policy,
or other notice applicable to the Boloto Websites. Without limiting the
generality of this section, you may not use the Boloto Websites in any manner
that could damage, disable, overburden, or impair any Boloto Website (or the
network(s) connected to any Boloto Website) or interfere with any other party's
use and enjoyment of the Boloto Websites.
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Boloto Websites may only be used for their intended purpose. The following
list of prohibited conduct is not exhaustive and does not limit the in any way
the prohibited conduct in these Terms.
You agree that you will not engage in the following conduct or use the Boloto
Websites to:
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Upload, post, email, otherwise transmit, or post links to any Content, or
select any member or user name or email address, that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
pornographic, libelous, invasive of privacy or publicity rights, hateful, or
racially, sexually, ethnically, or otherwise objectionable.
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Upload, post, email, otherwise transmit, or post links to any Content that
promotes illegal activity, including instructions for illegal activity.
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Upload, post, email, otherwise transmit, or post links to any Content that
exploits the images of children under eighteen (18) years of age, or that
discloses personally identifying information belonging to children under
eighteen (18) years of age.
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Harm minors in any other way.
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Make any sexual request on behalf of a minor or make any sexual request of a
minor.
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"Stalk" or otherwise harass another.
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Collect or store personally identifying information about other users for
commercial or unlawful purposes.
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Impersonate any person or entity, including, but not limited to, a Boloto
Websites employee, guide, or host, or falsely state or otherwise misrepresent
your affiliation with any person.
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Employ misleading email addresses or falsify information in the header, footer,
return path, or any part of any communication, including emails, transmitted
through the Boloto Websites.
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Upload, post, email, otherwise transmit, or post links to any Content that you
do not have a right to transmit under any law or regulation or under
contractual or fiduciary relationships (such as inside information, or
proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements).
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Upload, post, email, or otherwise transmit, or post links to any Content that
facilitates hacking.
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Upload, post, email, otherwise transmit, or post links to any Content that
infringes any patent, trademark, service mark, trade secret, copyright or other
proprietary right of any party, or contributing to inducing or facilitating
such infringement. This prohibition shall include, without limitation, the
following forms of software piracy:
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Making available copyrighted software or other Content that has had the
copyright protection removed.
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Making available serial numbers for software that can be used to illegally
validate or register software.
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Making available tools that can be used for no purpose other than for
"cracking" software or other copyrighted Content.
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Making available any software files for which the user does not own the
copyright or have the legal right to make available.
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Upload, post, email, otherwise transmit, or post links to any unsolicited or
unauthorized advertising, promotional materials, junk mail, spam, chain
letters, pyramid schemes, Ponzi schemes, or any other form of solicitation,
except in those areas that are designated for legal solicitation under your
agreement with Boloto.
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Upload, post, email, otherwise transmit, or post links to any material that
contains software viruses, worms, Trojan horses, time bombs, trap doors, or any
other computer code, files, programs, or repetitive requests for information
designed to interrupt, destroy or limit the functionality of any computer
software, hardware, or telecommunications equipment or to diminish the quality
of, interfere with the performance of, or impair the functionality of, the
Content or Boloto Websites.
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Use automated means, including additional computers, software, and scripts, to
enhance play in Boloto Websites’ games and promotions.
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Use automated means, including spiders, robots, crawlers, or the like to
download data from any Boloto Websites’ database.
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Conduct your own contests or promotions.
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Upload, post, email, otherwise transmit, or post links to any Content regarding
any raffle, contest, or game requiring a fee by participants.
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Modify, publish, transmit, transfer or sell, reproduce, create derivative works
from, distribute, perform, link, display, or in any way exploit any Content
from any Boloto database, including by incorporating data from any Boloto
database into any e-mail or "white pages" products or services, whether
browser-based, based on proprietary client-site applications, web-based, or
otherwise.
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Sell, distribute, or make any commercial use of data obtained from any Boloto
database or make any other use of data from any Boloto database in a manner
that could be offensive to the person for whom the data is relevant.
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Create and maintain a Boloto Websites web page that (i) redirects to another
web page or (ii) stores or hosts content for remote loading by other web pages.
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Create and maintain a Boloto Websites web page that contains hyperlinks to
content not permitted on the Boloto Websites.
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Interfere with or disrupt the Content or servers or networks connected to the
Content, or disobey any requirements, procedures, policies, or regulations of
networks connected to the Content.
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Intentionally or unintentionally violate any applicable local, state, national
or international law, including, but not limited to, regulations promulgated by
the U.S. Securities and Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New York Stock
Exchange, the American Stock Exchange or the NASDAQ, and any regulations having
the force of law.
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Upload, post, email, otherwise transmit, or post links to any material that is
false, misleading, or designed to manipulate any equity, security, or other
market.
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Disobey any Boloto employee or representative or interfere with any action by
any Boloto employee or representative to redress any violation of these Terms.
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Access the Content after your account or access has been terminated by Boloto.
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Fail to complete any transaction after submitting an order to purchase any
goods or services from individual Sponsors on the Boloto Websites, subject to
the individual Merchant's or seller's terms and conditions governing such
transactions.
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Submit any order to purchase goods or services from individual Sponsors in the
Boloto Websites where you do not intend to complete the transaction.
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Purchase any goods or services that you are prohibited from purchasing or
possessing by any law applicable to you in your jurisdiction. The
responsibility for ensuring compliance with all such laws shall be the user's
alone. By submitting an order to purchase goods or services, you represent and
warrant that you have the legal right to purchase such goods or services.
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Use any software deployed in connection with Content to process data as a
service to other entities without the express written consent of Boloto or the
party with the right to license such software.
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Decompile, disassemble, modify, translate, adapt, reverse engineer, create
derivative works from, or sublicense any software deployed in connection with
the Content.
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Advertise, offer for sale, or sell any item you are prohibited from advertising
or selling by any applicable local, state, national, or international law,
including regulations having the force of law.
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Upload, post, email, otherwise transmit, or post links to any material, or act
in any manner that is offensive to the Boloto Websites’ community or the spirit
of these Terms and Conditions.
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Advertise, offer for sale, or sell any of the following items:
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Any firearms, explosives, or weapons.
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Any food that is not packaged or does not comply with all laws governing the
sale of food to consumers by commercial merchants.
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Any alcoholic beverages.
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Any tobacco products for human consumption, including, without limitation,
cigarettes, and cigars.
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Any items that are indecent or obscene, that are hateful or racially, sexually,
ethnically, or otherwise objectionable, that contain child pornography, that
are otherwise pornographic in nature, or are harmful to minors.
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Any controlled substances or pharmaceuticals.
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Any item that is counterfeit or stolen.
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Any dangerous items.
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Any goods or services that do not, in fact, exist.
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Any registered or unregistered securities.
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Any items that violate or infringe the rights of other parties.
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Any items that you do not have the legal right to sell.
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Any items where paying Boloto any of the required transactional or listing fees
would cause Boloto to violate any law.
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All contents of the Boloto Websites are Copyright © 2006 - 2008 Boloto, Inc.
and/or its suppliers, 7373 Doubletree Ranch Road, Scottsdale, Arizona 85258
U.S.A. All rights reserved. Boloto, BOLOTO, Boloto logo, and/or other Boloto
Content may also be either trademarks or registered trademarks of Boloto in the
United States and/or other countries. The names of actual companies and
products mentioned herein may be the trademarks of their respective owners.
In connection with User Submissions, you further agree that you will not:
(i) submit material that is copyrighted, protected by trade secret or otherwise
subject to third party proprietary rights, including privacy and publicity
rights, unless you are the owner of such rights or have permission from their
rightful owner to post the material and to grant Boloto all of the license
rights granted herein; (ii) publish falsehoods or misrepresentations that could
damage Boloto or any third party; (iii) submit material that is unlawful,
obscene, defamatory, libelous, threatening, pornographic, harassing, hateful,
racially or ethnically offensive, or encourages conduct that would be
considered a criminal offense, give rise to civil liability, violate any law,
or is otherwise inappropriate; (iv) post advertisements or solicitations of
business: (v) impersonate another person.
Boloto does not endorse any User Submission or any opinion, recommendation, or
advice expressed therein, and Boloto expressly disclaims any and all liability
in connection with User Submissions. Boloto does not permit copyright
infringing activities and infringement of intellectual property rights on its
Website, and Boloto will remove all Content and User Submissions if properly
notified that such Content or User Submission infringes on another's
intellectual property rights. Boloto reserves the right to remove Content and
User Submissions without prior notice. Boloto will also terminate a User's
access to its Website, if they are determined to be a repeat infringer. A
repeat infringer is a User who has been notified of infringing activity more
than twice and/or has had a User Submission removed from the Website more than
twice. Boloto also reserves the right to decide whether Content or a User
Submission is appropriate and complies with these Terms of Service for
violations other than copyright infringement and violations of intellectual
property law, such as, but not limited to, pornography, obscene or defamatory
material, or excessive length. Boloto may remove such User Submissions and/or
terminate a User's access for uploading such material in violation of these
Terms of Service at any time, without prior notice and at its sole discretion.
In particular, if you are a copyright owner or an agent thereof and believe
that any User Submission or other content infringes upon your copyrights, you
may submit a notification pursuant to the Digital Millennium Copyright Act
("DMCA") by providing our Copyright Agent with the following information in
writing (see 17 U.S.C 512(c)(3) for further detail):
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A physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed;
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Identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
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Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is
to be disabled and information reasonably sufficient to permit the service
provider to locate the material;
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Information reasonably sufficient to permit the service provider to contact
you, such as an address, telephone number, and, if available, an electronic
mail;
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A statement that you have a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or
the law; and
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A statement that the information in the notification is accurate, and under
penalty of perjury, that you are authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
Boloto's designated Copyright Agent to receive notifications of claimed
infringement is: Chadwick M. Cord, 7373 E. Doubletree Ranch Road, Suite 200,
Scottsdale, AZ 85258. You acknowledge that if you fail to comply with all of
the requirements of this Section 5(D), your DMCA notice may not be valid.
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You acknowledge and agree that Boloto shall have the right (but not the
obligation), in its sole discretion, to refuse to publish, remove, or block
access to any Content that is available via Boloto Websites at any time, for
any reason, or for no reason at all, with or without notice. Without limitation
Boloto shall have the right (but not the obligation), in its sole discretion,
to refuse to publish, remove, or block access to any Content that violates the
Terms of this Agreement or is otherwise objectionable as determined by Boloto,
in its sole discretion.
You expressly acknowledge and agree that Boloto may preserve Content and may
disclose Content if the law requires it to do so or in the good faith belief
that such preservation or disclosure is reasonably necessary to: (a) comply
with legal process; (b) comply with any applicable law; (c) comply with an
order from a court of competent jurisdiction; (d) enforce the Terms of this
Agreement; (e) respond to claims that any Content violates the rights of
third-parties; or (f) protect the rights, property, or personal safety of
Boloto, its users and the public. You acknowledge and agree that the technical
processing and transmission of the Content, including your Content, may involve
(a) transmissions over various networks; and (b) changes to conform and adapt
to technical requirements of connecting networks or devices. You further
acknowledge and agree that other data collected and maintained by Boloto with
regard to its users may be disclosed in accordance with Boloto' s
Privacy Policy.
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MyCredits Registered Members can earn MyCredits by completing Media Events. A
Member can register to earn MyCredits at
http://MyCredits.thewebyourway.com . Voluntarily providing false
information in the MyCredits registration process will cause all earned credits
to become invalid.
A Media Event is completed when a member listens to music or other audio or
watches a video for two (2) consecutive minutes from within the Boloto Media
Manager. A Member earns five (5) credits for every Media Event completed up to
a maximum of two hundred (200) media events per twenty-four (24) hour period.
No more than 10 completed Media Events will earn credits during each Off Line
Period. An Off Line Period is defined as being off line (Boloto Media Manager
is not connected to the internet and is not communicating with Boloto Media
Servers) and completing Media Events.
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Members may redeem My Credits for airline tickets if they are of majority age
in the jurisdiction in which they reside at the time of booking; or for gift
certificates if they are a minimum thirteen (13) years of age. Members earn the
right to redeem their My Credits for airline tickets or gift certificates as
follows:
If of majority age in the jurisdiction in which they reside:
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Members may redeem a minimum of twenty five thousand (25,000)* My Credits to be
used for the purchase of an airline ticket for any participating airline travel
worldwide.
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Members will be required to redeem an additional credit for every penny USD
($.01) that the purchase price of the qualifying ticket exceeds two-hundred
fifty USD ($250.00).
If a minimum 13 years old:
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Members may redeem a minimum of twenty five thousand (25,000)* My Credits for a
gift certificate with a retail value of two-hundred fifty USD ($250.00), from
any qualifying retailer or service provider available at the time of
redemption. Only one gift certificate per redemption request.
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Gift certificate with a value greater than two-hundred fifty USD ($250.00)
require the redemption of an additional credit per penny USD ($.01) in excess
of two-hundred fifty USD ($250.00) retail value.
The purchase price of qualifying airline tickets will be determined within
seven (7) days after a Member request submission. The cost will vary dependant
upon time, date, departure and destination locations.
Member will be responsible for paying all airport or other applicable local
taxes and fees that are not included in the purchase price of the airline
ticket.
Airline tickets are subject to availability and My Credits must be fully
redeemed at least twenty-one (21) days in advance of the requested departure
date.
My Credits are non-transferable and have no cash value. My Credits expire
twenty-four (24) months from the date on which they are earned.
Please refer to information at
http://mycredits.thewebyourway.com for details on redeeming your Boloto
Credits. Members may redeem their MyCredits by following the instructions at
http://mycredits.thewebyourway.com.
* Boloto Group, Inc. reserves the right to change this amount at any time
without any notice.
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For materials you post or otherwise provide to Boloto related to Boloto
Websites (a "Submission"), you hereby grant Boloto permission to (i) use, copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit,
modify, translate and reformat your Submission, each in connection with the
Boloto Websites, and (ii) sublicense these rights, to the maximum extent
permitted by applicable law. Boloto will not pay you for your Submission.
Boloto may remove your Submission at any time. For each Submission, you
represent that you have all rights necessary for you to make the grants in this
section. To the maximum extent permitted by applicable law, Boloto may monitor
your e-mail, or other electronic communications and may disclose such
information in the event it has a good faith reason to believe it is necessary
for purposes of ensuring your compliance with this Agreement, and protecting
the rights, property, and interests of the Boloto Parties or any customer of a
Boloto Party.
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You acknowledge and agree that you must evaluate and bear all risks
associated with using any Content, including relying on the accuracy,
completeness, or usefulness of such Content. In this regard, you acknowledge
that you may not hold Boloto responsible if you rely on any Content created by
or obtained through the use of the Boloto Websites, including without
limitation, information posted by users or sponsors and you are harmed or
injured as a result.
You are solely responsible for your interactions with other Boloto Members. You
agree to assume all risks of harm or injury that may result from your
interactions with other members. You understand that Boloto does not screen its
Members in any way, nor does Boloto inquire into the backgrounds of its
Members, investigate its Members, or attempt to verify any statements of its
Members. Thus, Boloto cannot and does not make any representations or
warranties, nor does Boloto offer any opinion or assertion as to the character,
temperament, moral turpitude, or conduct of any Member or the compatibility of
any Member with any other current or future Member. You agree to take
reasonable precautions in all interactions with other Members of Boloto,
particularly if you decide to meet offline or in person. In addition, you agree
to review the safety tips listed below prior to
using any of the Boloto Websites. You understand that Boloto makes no
guarantees, either express or implied, regarding your ultimate compatibility
with individuals you meet through any of Boloto’s services. You should never
provide your financial information (for example, your credit card, bank account
information or social security number) to other Members.
In no event shall Boloto be liable for any damages whatsoever, whether direct,
indirect, general, special, compensatory, consequential, and/or incidental,
arising out of or stemming from a Member’s use of a Boloto Website or Service
or the actions or interactions of any Members in connection with using any of
the Boloto Websites or services. If you are injured or emotionally distressed
as a result of your use of any Boloto Website or Service, including but not
limited to the Boloto Companionship sites, you may not hold Boloto liable for
that injury or harm.
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Your use of any software associated with Boloto Websites will be governed by
the terms and conditions of the end user license agreement ("EULA")
accompanying the software. If you receive any software that is not accompanied
by a EULA, then Boloto grants to you a non-exclusive, revocable, personal,
non-transferable license to use such software solely in connection with Boloto
Websites and in accordance with this Agreement and the following EULA.
Click here to view EULA. Boloto reserves all rights to such software
not expressly granted to you in this Agreement. Copyright and other
intellectual property laws and treaties protect such software. Boloto or its
suppliers own the title, copyright, and other intellectual property rights in
such software, and such software is licensed, not sold. You will not copy,
disassemble, decompile, or reverse engineer, such software, except and only to
the extent that applicable law expressly permits such activity. Boloto may
automatically check your version of such software and may automatically
download upgrades to such software to your computer to update, enhance, and
further develop Boloto Websites.
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Boloto and its sponsors do not warrant or guarantee the accuracy or
timeliness of any information available from the Boloto Websites including
stock quotes, consumer credit information, or other financial information, even
if such information appears in any e-mail, pager, cell phone, or other alerts
available through the Boloto Websites. Boloto and its suppliers do not
authorize using information available from the Boloto Websites including stock
quote or other financial information, for any purpose other than your personal
use, and prohibit to the maximum extent allowable the resale, redistribution,
and use of this information for commercial purposes. Boloto is not a
broker/dealer or registered investment advisor under either United States
federal or state securities laws or the securities laws of other jurisdictions,
and does not advise individuals as to the advisability of investing in,
purchasing, or selling securities or other financial products or services.
Nothing contained in Boloto Websites constitute an offer or solicitation to buy
or sell any security. Boloto does not endorse or recommend any particular
product or service, including financial products or services. Nothing in Boloto
Websites is intended to constitute professional advice, including but not
limited to, investment or tax advice.
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BOLOTO PROVIDES BOLOTO WEBSITES "AS IS," "WITH ALL FAULTS," AND "AS
AVAILABLE" AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE,
ACCURACY, AND EFFORT IS YOUR RISK. BY USING THE WEBSITES YOU ASSUME THE RISKS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BOLOTO PARTIES MAKE NO
REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS OR IMPLIED. THE BOLOTO
PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND
IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT,
ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND
NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF
DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR
USE OF THE BOLOTO WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO
WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
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IF YOU ARE DISSATISFIED WITH BOLOTO WEBSITES, YOU DO NOT AGREE WITH ANY PART
OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY
BOLOTO PARTY WITH RESPECT TO THIS AGREEMENT OR BOLOTO WEBSITES, THEN YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING BOLOTO WEBSITES. IN NO EVENT WILL
ANY BOLOTO PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY
INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT
OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF BOLOTO WEBSITES,
EVEN IF SUCH BOLOTO PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE EXCLUSION OF DAMAGES UNDER THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE
REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR
IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY
WITHOUT REGARD TO WHETHER DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH
OF WARRANTY, (3) NEGLIGENCE, 4) VIOLATION OF ANY DUTIES OR (5) ANY OTHER CAUSE
OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY
APPLICABLE LAW.
As you use the Boloto Websites, you will receive, access, or use information,
materials, graphics, software, data and content (collectively, "Content")
originated by Boloto and persons other than Boloto (any such person is referred
to as a "Third Party").
YOU ACKNOWLEDGE AND AGREE THAT THE BOLOTO PARTIES ARE NOT RESPONSIBLE OR LIABLE
FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE,
OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL
CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS, OR DATA. IN ADDITION,
YOU ACKNOWLEDGE AND AGREE THAT BOLOTO IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY
VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF BOLOTO
WEBSITES, (2) ANY INCOMPATIBILITY BETWEEN BOLOTO WEBSITES AND OTHER WEBSITES,
SERVICES, SOFTWARE, AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE
IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN
CONNECTION WITH BOLOTO WEBSITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY
DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR
USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON
BOLOTO WEBSITES. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT
APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND ARE NOT INTENDED TO DEPRIVE
YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER LAW.
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Your correspondence or business dealings with, or participation in promotions
of, sponsors found on or through Boloto Websites, including payment for and
delivery of goods or services, and any other terms, conditions, warranties, or
representations associated with such transactions, are solely between you and
such sponsor. You agree that Boloto shall not be responsible or liable for any
loss or damage incurred as the result of any such transactions or as the result
of the presence of such sponsors on Boloto Websites.
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Third parties provide many of the services offered through Boloto Websites.
Your use of any service or content provided by a third party may be conditioned
on your acceptance of additional terms of service of that third party service
provider. You should refer to the Terms of Service for each Boloto Web Page to
ascertain all applicable Terms of Use for that services or content offered
through that particular Web Page. You should review any applicable terms and
conditions of service prior to using that particular service or content.
Third party terms of use are in addition to these Terms, but shall not
supersede any provision of these terms. Should any term of use of a third party
conflict with or differ from any provision of these Terms, these Terms shall
control.
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Neither BOLOTO Websites nor its licensors assume any responsibility for
the content of any site included in any search results or otherwise linked to
BOLOTO Websites or in any web page hosted for a third party within the BOLOTO
Websites. Boloto Websites offer access to numerous third party web
pages and content available over the Internet. In the overwhelming majority of
instances, including, but not limited to, sites displayed as search results or
contained within a directory of links, Boloto has no control whatsoever over
the content of such sites. In other instances, including, but not limited to,
web pages hosted on the Boloto Websites or provided to the Boloto Websites by
third parties, Boloto may set guidelines for what may appear on such web pages
and may engage in certain screening, but generally exercises no control over
the content of such web pages and is unable to police all such content. People
over whom Boloto exercises no control develop third party content accessible
through Boloto Web Pages from such sources. Similarly, web pages hosted by
Boloto Websites are posted by third parties, and, with the exception of certain
automated screening functions, Boloto cannot and does not screen such web pages
before they are made accessible to other users of Boloto Websites. In instances
where Boloto Websites review the sites that are displayed in directories,
indices, and/or references, or where Boloto Websites makes available
directories, indices, and/or references of sites compiled by third parties, the
content located at such sites was developed third parties, and review of such
sites by Boloto, if any, is narrowly limited to that which is necessary for
compiling the particular set of links.
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You and Boloto agree to submit any disputes involving money or damages
greater than $5,000 relating to this Agreement and/or transactions, duties, or
obligations to be performed under this Agreement to mediation with a mediator
approved by the Parties to the dispute. If the Parties resolve their disputes
through mediation, the Parties shall share the costs of mediation evenly but
pay their own attorneys' fees and other expenses related to mediation. If
mediation fails to resolve all disputes within thirty (30) days after
submission, then the disputes shall be submitted to binding arbitration. The
prevailing Party in any arbitration relating to the transactions contemplated
by this Agreement shall be entitled to costs and expenses including reasonable
attorneys fees and the attorneys’ fees and expenses incurred in connection with
mediation that failed to resolve the dispute. Claims of $5,000 or less may be
submitted to mediation or small claims court.
Procedure - Absent agreement through mediation any Party may demand in writing
binding arbitration. Once such a demand is made, the claim shall be submitted
to American Arbitration Association for binding arbitration.
The parties to the dispute shall, in good faith, agree on an arbitrator. If
within two months of a demand for arbitration, the parties have not agreed, the
arbitrator shall be selected by alternate striking from a list of nine (9)
arbitrators drawn by the American Arbitration Association ("AAA") from a panel
of arbitrators with expertise in the process of deciding disputes and in the
particular area of law upon which the claim being submitted to arbitration is
based.
Arbitration shall be conducted under the appropriate AAA rules in the form they
exist on the date the claim is submitted to AAA. Arizona substantive and
procedural law shall apply to any such arbitration. The arbitration shall be
conducted applying the Arizona Rules of Evidence.
The arbitration shall take place in Maricopa County, Arizona.
The arbitrator shall have the discretion to order any and all reasonable
discovery permitted under the laws of Arizona upon the written request of any
party. The request for discovery shall include the discovery requested and the
reasons therefore. The responding party shall be given a reasonable opportunity
to submit any objections in writing prior to an order of discovery. No hearing,
however, shall be required but may be held if the arbitrator believes that it
may assist in a decision. The Parties agree that the arbitrator should honor
all reasonable discovery requests or parts thereof. In addition, the arbitrator
may order the parties to exchange any relevant information prior to the hearing
including but not limited to documents, exhibit lists, witness lists, expert
witnesses with a summary of their opinions and credentials, pre-hearing briefs,
and summaries of testimony of proposed witnesses.
In deciding the claim and the appropriate award or other relief, the arbitrator
shall determine the rights and obligations of the parties to the claim under
the substantive and procedural laws of Arizona as though the arbitrator was a
court of competent jurisdiction in Arizona and may afford any relief that could
be afforded by Arizona courts including, but not limited to, specific
performance, punitive damages, injunctive relief, and/or sanctions for abusing
or frustrating the arbitration process. In addition, the arbitrator shall award
costs and expenses, including reasonable attorneys fees, of the action to the
prevailing party or parties including but not limited to the arbitrator's fees.
Either Party, at its expense, may arrange for and pay the cost of a court
reporter or video recorder to provide a record of proceedings.
The Arbitrator's Decision - The arbitrator’s decision must be
based on a written statement of decision explaining the factual and legal bases
for each material issue relevant to the claim and raised in the papers or at
the hearing. Only if the arbitrator's decision correctly applies California’s
substantive and procedural laws shall the facts found be conclusive and binding
on the parties in the proceeding. If the arbitrator's decision correctly
applies Arizona’s substantive and procedural laws, it may be confirmed and
entered as a judgment by any appropriate Court of Arizona and may be challenged
only for (1) errors of law or (2) errors of fact appearing in the written
decision.
Agreement Not to Sue - Except as otherwise provided in this
Agreement, the Parties agree not to initiate or prosecute any lawsuit in any
way related to any claims related to this Agreement.
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If any part of this Terms is determined to be invalid or unenforceable, 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 Terms will continue in full force and
effect. Boloto may assign these Terms, in whole or in part, at any time with or
without notice to you. You may not assign this Terms, or assign, transfer, or
sublicense your rights, if any, in the Boloto Websites. This Terms and the
written rules, guidelines, and license Terms connected to specific services and
Websites offered by and through Boloto Websites constitute together the entire
Terms between you and Boloto with respect to the Boloto Websites and they
supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral, or written, between you and Boloto.
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YOU AND BOLOTO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR
RELATED TO THE BOLOTO WEBSITES MUST BEGIN WITHIN ONE (1) YEAR AFTER THE CAUSE
OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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In order to use the BOLOTO Websites, users must have access to the World Wide
Web and must access http://www.bolotogroup.com/or another of the URLs
associated with the BOLOTO Websites. You are advised that much of the Content
is for general audiences, although there are certain areas on the BOLOTO
Websites that contain adult or mature content. Where there is adult or mature
content, individuals who are less than 18 years of age or prohibited by laws of
any applicable jurisdiction may not access such content.
You must be at least thirteen (13) years of age to become a BOLOTO member.
Boloto does not discriminate on the basis of age, gender, race, ethnicity,
nationality, religion, sexual orientation, or any other protected status.
All Registration Data becomes the exclusive property of Boloto, its affiliates
and subsidiaries. Boloto reserves the right to use and reuse all registration
and other personally identifiable user information subject to the Boloto
Privacy Policy.
You acknowledge receipt of Boloto
Privacy Policy, including our Notice Regarding the Privacy of Children
Under 13 While on the BOLOTO Websites.
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In cases where you have authorized a minor to use the BOLOTO Websites, you
recognize that you are fully responsible for: (i) the online conduct of such
minor; (ii) controlling the minor's access to and use of the Content; and (iii)
the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF
THE BOLOTO WEBSITES MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.
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Certain material available on the Internet and on the BOLOTO Websites is not
appropriate for minors. To prevent or limit your children's access to
inappropriate materials, there are a number of parental control protections
(such as computer hardware, software, or filtering services) commercially
available. It is the responsibility of the parent to monitor their minor’s
Internet use. BOLOTO encourages parents to closely supervise their child’s use
of the Internet and to implement appropriate parental controls.
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The Software is licensed to you, not sold, and Boloto Group retains any and all
rights not specifically set forth herein.
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Your licensing of the Software entitles only you to use the software and does
not extend any rights to third parties.
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This agreement shall remain in effect as long as you possess or use the
software.
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The Software may not be used for sending bulk email ("spamming"). Such use
expressly violates the terms of this agreement and BOLOTO’s terms and
conditions generally. To ensure that the Software is not used for spamming,
Boloto Group may limit you to a maximum number of media events, video or audio
playback for two consecutive minutes. Boloto Group may modify the this
limitation from time to time at its sole discretion.
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LICENSING RIGHTS GRANTED This EULA represents the entire agreement concerning
the Software between you and Boloto Group, Inc., and it supersedes any prior
proposal, representation, or understanding between the parties.
You are hereby granted a non-exclusive, non-transferable license for Term to
use the Software, including any documentation files accompanying the Software
("Documentation"), subject to the terms and conditions set forth herein. Except
as set forth herein, you do not obtain any right, title and/or interest to or
in any proprietary, confidential or other rights of the Software or any
derivative works derived thereon. Boloto Group, Inc., owns the Software,
Documentation, and all rights, title and interest therein and any derivative
works, improvements, modifications, enhancements or other alterations made
thereto. This Software is protected by copyright, patent, trademark, trade
secret, export and/or other intellectual property laws, both foreign and
domestic.
You may utilize the Software solely on a single unified resource locator
address ("URLs"). However, in the event more than one license has been acquired
by you, multiple URLs are permitted up to the number of licenses granted to
you.
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LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not
reverse engineer, decompile, or disassemble the Software, except and only to
the extent that such activity is expressly permitted by applicable law
notwithstanding this limitation.
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NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend or provide
commercial hosting services with the Software.
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CONSENT TO USE OF DATA. You agree that Boloto Group and its affiliates may
collect and use technical information gathered as part of the product support
services provided to you, if any, related to the Software. Boloto Group may use
this information solely to improve our products or to provide customized
services or technologies to you and will not disclose this information in any
form that personally identifies you.
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LINKS TO THIRD PARTY SITES. You may link to third party sites through the use
of the Software.
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