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Terms and Conditions of Participation“Users MUST Abide By These Terms”1. ACCEPTANCE OF TERMS McB Duplin Enterprises (“McB Duplin”) provides its service to you, subject to the following Terms and Conditions of Participation of Service ("TCPS"), which may be updated or changed by us from time to time without notice to you. Any use of the Service under a 21’s Voice number after such updates have been made shall be deemed to constitute acceptance by the 21’s Voice member of the modifications. You can review the most current version of the TCPS at any time right here. 21’s Voice members and McB Duplin shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TCPS. BY COMPLETING THE REGISTRATION PROCESS, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE TCPS FOR AS LONG AS YOU REMAIN A 21’s VOICE MEMBER (SEE BELOW FOR DEFINITION OF 21’s VOICE MEMBER). 2. DESCRIPTION OF SERVICE McB Duplin currently provides 21’s Voice members with access to a number of services through the Playing 21 web site, such as Forum Postings, Rating Casinos, Rating Articles and any and all of the services provided now and in the future by McB Duplin through our web sites, (the "Service"). You understand and agree that the Service is provided "AS-IS" and that McB Duplin assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements on our web site by McB Duplin. In addition, you must provide and are responsible for all equipment necessary to access the Service. 3. YOUR REGISTRATION OBLIGATIONS In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") in obtaining a 21’s Voice number and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or McB Duplin has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, McB Duplin has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof), without compensation or return of initiation fee if any. McB Duplin is concerned about the safety and privacy of all its users, particularly children. For this reason, children under the age of 18 are not allowed to register for the Service. For purposes of this Agreement, any person who establishes an authorized account for access to and use of the Service will be deemed a 21’s Voice member (“21’s Voice Member”). The right to use the Service is personal to the 21’s Voice Member and a 21’s Voice Member's Account is not transferable. 4. McB Duplin PRIVACY POLICY Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full Privacy Policy 5. MEMBER ACCOUNT, PASSWORD AND SECURITY You will receive an account number (21’s Voice number) upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify McB Duplin of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session by closing your browser window. McB Duplin cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5. 6. MEMBER CONDUCT You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not McB Duplin, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. McB Duplin does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will McB Duplin be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. McB Duplin shall not be responsible for any opinions, views, advice or statements posted on the Service (including, without limitation, in any public posting areas of the Service) by any person or entity. At no time should the opinions, views, advice or statements provided by Service advertisers, Content Providers, 21’s Voice Members, Forum Moderators, guests, independent writers or experts be relied upon for important personal decisions without independent verification and in no way shall McB Duplin be liable for any damages that occur from any such Content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service to:
You acknowledge that McB Duplin does not pre-screen Content, but that McB Duplin and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, McB Duplin and its designees shall have the right to remove any Content that violates the TCPS or is otherwise objectionable. You agree McB Duplin may terminate your use of the TCPS, without compensation for violating the TCPS, without notification to you. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by McB Duplin or submitted to McB Duplin, including without limitation information in McB Duplin Message Boards, McB Duplin Groups and in all other parts of the Service. You acknowledge and agree that McB Duplin may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TCPS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of McB Duplin, its users and the public. You understand that the technical processing and transmission of the Service, 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. 7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States, Canada or the country in which you reside. 8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE McB Duplin does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant McB Duplin the following world-wide, royalty free and non-exclusive license(s), as applicable:
"Publicly accessible" areas of the Service are those areas of the McB Duplin network of properties that are intended by McB Duplin to be available to the general public. By way of example, publicly accessible areas of the Service would include McB Duplin Message Boards and portions of McB Duplin Groups that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of McB Duplin Groups that are limited to members, McB Duplin services intended for private communication such as McB Duplin Mail, or areas off of the McB Duplin network of properties such as portions of World Wide Web sites that are not hosted or served by McB Duplin. 9. INDEMNITY You agree to indemnify and hold McB Duplin, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TCPS, or your violation of any rights of another. The terms of Service will inure to the benefits of McB Duplin successors, assigns and licensees. 10. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. 11. GENERAL PRACTICES REGARDING USE AND STORAGE You acknowledge that McB Duplin may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on McB Duplin 's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that McB Duplin has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that McB Duplin reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that McB Duplin reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. 12. MODIFICATIONS TO SERVICE McB Duplin reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that McB Duplin shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 13. TERMINATION You agree that McB Duplin, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if McB Duplin believes that you have violated or acted inconsistently with the letter or spirit of the TCPS. McB Duplin may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TCPS may be effected without prior notice, and acknowledge and agree that McB Duplin may immediately deactivate or delete your account, as well as block your email and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that McB Duplin shall not be liable to you or any third-party for any termination of your access to the Service. 14. DEALINGS WITH ADVERTISERS Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that McB Duplin shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. 15. LINKS The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because McB Duplin has no control over such sites and resources, you acknowledge and agree that McB Duplin is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that McB Duplin 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 Content, goods or services available on or through any such site or resource. 16. MCB DUPLIN’S PROPRIETARY RIGHTS You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by McB Duplin or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. McB Duplin grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, 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 Service. You agree not to access the Service by any means other than through the interface that is provided by McB Duplin for use in accessing the Service. 17. DISCLAIMER OF WARRANTIES -- YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
18. LIMITATION OF LIABILITY You expressly understand and agree that McB Duplin shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if McB Duplin has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and Services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. The 21’s Voice member's sole and exclusive remedy and McB Duplin’s sole and exclusive obligation for any damages caused or allegedly caused by any failure of performance, error, omission, interruption, defect, delay in operation or transmission, or other cause, shall be to terminate the 21’s Voice member's account. In no event will McB Duplin or any person or entity involved in creating, producing or distributing the Service or any software be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the service or any software or out of the breach of any warranty or any other cause. 19. EXCLUSIONS AND LIMITATIONS Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 17 and 18 may not apply to you. 20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. McB Duplin and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information. 21. NOTICE Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TCPS or other matters by displaying notices or links to notices to you generally on the Service. 22. TRADEMARK INFORMATION 21’s Voice, the Playing 21 Program, and other McB Duplin logos and product and service names are trademarks of McB Duplin Enterprises. Without McB Duplin’s prior permission, you agree not to display or use in any manner, the McB Duplin Marks. 23. COPYRIGHTS and COPYRIGHT AGENTS McB Duplin respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide McB Duplin 's Copyright Agent the following information:
24. GENERAL INFORMATION The TCPS constitute the entire agreement between you and McB Duplin and govern your use of the Service, superceding any prior agreements between you and McB Duplin. You also may be subject to additional terms and conditions that may apply when you use affiliate Services, third-party content or third-party software. The TCPS and the relationship between you and McB Duplin shall be governed by the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions. You and McB Duplin agree to submit to the personal and exclusive jurisdiction of the courts located within the District of Sudbury, Ontario. The failure of McB Duplin to exercise or enforce any right or provision of the TCPS shall not constitute a waiver of such right or provision. If any provision of the TCPS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TCPS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TCPS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TCPS are for convenience only and have no legal or contractual effect. Please report any violations of the TCPS to McB Duplin Here |
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