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13. Limits of Liability and Indemnification Statement
THIS PUBLICATION IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
REFERENCES TO SERVICES AND PRODUCTS ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. IN NO EVENT SHALL BINGOZEST BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS INFORMATION.
THIS PUBLICATION COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW EDITIONS OF THE PUBLICATION. BINGOZEST MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED IN THIS PUBLICATION AT ANY TIME.
SPECIFICS
* It is the responsibility of the Player to ensure that they understand and comply fully in respect to any national and international laws, regulations, directives etc. applicable to the Player.
* If winnings are taxable in the Player's jurisdiction, the Player is required to keep track and report the winnings to the appropriate authorities. The Player is fully responsible for any taxes and fees applicable to winnings resulting from use of the software.
* BingoZest cannot be held responsible for any third party claims of any kind against Players.
* Players agree that they are 18 years of age and have authorization and authority to use the credit card offered to BingoZest for a Purchase.
* BingoZest‘s liability with respect to any claim made by a Player shall be limited to the Prize.
* Under no circumstances will BingoZest be liable to any costs or expenses incurred by a Player in making a claim.
* BingoZest will not be held liable to any costs or expenses incurred by a Player for any overdrafts relating to deposits to Player Accounts made through our e-commerce systems. It is the Player's responsibility to ensure that sufficient funds are available to them before they make a deposit to their Player Accounts via our e-commerce systems.
* BingoZest will not be held liable to any costs or expenses incurred by a Player for any overdrafts resulting from multiple deposits to a Player's Accounts made through the improper use of our e-commerce systems. Reloading a cash deposit transaction page constitutes misuse of our e-commerce system and as such, BingoZest will not be held responsible or liable for any overdraft charges or costs that they may incur as a result misuse of our e-commerce systems. BingoZest will issue a credit for any multiple billings arising from the use or misuse of our e-commerce systems.
* BingoZest shall have the right to suspend or withdraw any participation at its absolute discretion. Personal details of all Players will remain confidential unless Players agree to their details being used for future publicity purposes.
* BingoZest will not be liable for any loss of whatever nature arising from the cancellation of any round, including the loss, for whatever reason, of the chance to participate in the Game.
* In particular, but without prejudice to the generality of the foregoing, BingoZest will not be liable to any person:
o In the event of force majeure,
o For the failure of, or damage or destruction of BingoZest’s central computer system or records, or any part thereof,
o For delays, losses, errors or omissions resulting from failure of any telecommunications or other data transmission system, for any delay resulting in non-receipt of any participation for a particular round.
* BingoZest will not be liable for any loss as a result of an act of God, an outbreak of hostilities, riot, civil disturbance, acts of terrorism, the act of any Government or authority (including refusal or revocation of any license or consent), fire, explosion, flood, hurricane, theft, malicious damage, strike, lock-out, or industrial action of any kind.
* The Parties shall not commit nor purport to commit the other to honour any obligation other than is specifically provided for by these Participation Rules.
* The Player accepts liability for any damages and losses that may be caused by the misuse of his/her player account number, user name, password and any and all access-code details uniquely assigned to all players.
* These Participation Rules constitute the entire Agreement and understanding between the Parties.
| Version 1.0.0 |
Last Updated: 12 September 2008 |