Our Terms and Conditions
Welcome
to Don Best Sports' website ("Website") and thank you for reviewing
our Terms and Conditions of Use. We hope that you will enjoy this website. Don
Best Sports (“DBS”) is a trade name owned and commercialized by Dodgeball Ventures Inc. and its wholly owned subsidiary, LL Agency Corporation, hereinafter
collectively referred to as “Provider”. Provider
makes this Website, including any and all information, documents,
communications, files, text, graphics, software, and audio/visual files
(collectively, the "Service") available for your use subject to the
Terms and Conditions of Use set forth below. The Terms and Conditions of Use
spell out what you can expect from us as well as what we expect from you.
1. Acceptance of Terms and Conditions
of Use.
By using this Website and/or creating an account and becoming a member, you
accept and agree to all terms, conditions and notices contained or referenced
on the website ("Terms and Conditions of Use"). Please read the
following Terms and Conditions of Use carefully. If you do not agree to the
Terms and Conditions of Use, do not use this Website. By accessing, using,
or downloading in any way, without limitation, any Service from this Website,
or merely browsing this Website, you agree to and are bound by these Terms and
Conditions of Use.
Provider reserves the right to change
the Terms and Conditions of Use at any time, without prior notice to any
Website visitor ("User" or "You"). For this reason, we
encourage you to review these Terms and Conditions of Use whenever you use our
Website. If you breach any of the Terms and Conditions of Use, your
authorization to use this Website automatically terminates.
2. Eligibility.
To be eligible to register and create an authorized account
("Account"), you must be at least the age of majority of your
applicable jurisdiction of residence which is twenty one (21) years of age or
older for residents of the United States, including the District of Columbia,
and you may not be a firm, business entity or institution. By using this
Website and Service, you represent and warrant that you have the right,
authority and capacity to enter into this agreement and to abide by all of
these Terms and Conditions of Use. Provider reserves the right, in its sole and
absolute discretion, to refuse service and access to any potential participant.
Employees, officers, directors, investors, agents, and representatives of
Provider and their respective parent, affiliates and subsidiaries, and each of
their respective immediate family (defined as parents, spouse and children) and
any person residing in the same household as such and sponsors and affiliates
and advertising and promotion agencies of Provider are NOT eligible to use or
create an Account on the Website.
3. Local Laws, Service Not Available in
Some States.
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 Website and the Service. Access to the Website 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 Provider does not make any representation or warranty, express or implied,
as to the lawfulness of your participation in or use of Service on this Website
are appropriate for use in your Jurisdiction. VOID WHERE PROHIBITED OR
RESTRICTED BY LAW. If you open an account and/or participate in the Service
offered on the Website while located in a prohibited Jurisdiction, you will be
in violation of the law of such Jurisdiction and these Terms and Conditions of
Use, and subject to having your account suspended or terminated.
4. Account Responsibility.
A. Account
Responsibility.
When you create your Account, you represent that you are at least the age of
majority of your applicable jurisdiction of residence which is twenty-one (21)
years of age in the United States and are not a person barred from receiving
services under the laws of the United States or other applicable jurisdiction. you
agree to (a) provide true, accurate, current and complete information about
yourself as prompted by the Service's registration form (the "Registration
Data") 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 Provider has reasonable
grounds to suspect that such information is untrue, inaccurate, not current or
incomplete, Provider 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). You are responsible for paying all fees and charges (plus applicable
taxes) associated with the use of the Service under your Account, including
fees or charges incurred for premium features or options and payment for
purchases made through the Service. Access to and use of premium features or
options of the Service is subject to posted terms and conditions (including
payment of applicable fees and charges).
B.
Secrecy Obligation.
Once you have selected or been allocated a unique username and password
("Identifiers") for your Account, 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 Website. In the event that you are
concerned that your Identifiers are no longer secure and confidential, you
should immediately notify Provider by sending an e-mail to webmaster@donbest.com , whereupon new
Identifiers may be selected and allocated and any future transactions under the
previous Identifiers may be voided, at the sole discretion of Provider. Without
limiting the foregoing, any transactions made and accepted on the Website where
your Identifiers have been used (and where you have not previously notified
Provider as provided herein) will be treated as valid.
C.
No Transfer.
Only one Account is allowed per person. 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 use the Service
in your applicable Jurisdiction, and in no event any person under the age of
thirteen 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 may be reported to the
relevant authorities.
5. Price and Payment.
Our Service includes premium content and subscription-based services. You are
responsible for paying all fees and charges (plus applicable taxes) associated
with the use of the Service under your Account, including fees or charges
incurred for premium features or options and payment for purchases made through
the Service. Unless otherwise stated, (i) payment of all fees and charges must
be made by a valid, approved credit, debit or charge card at the time of purchase;
and (ii) all fees and charges (including subscription fees) are non-refundable.
You agree that any purchases made by you via credit card are specifically
authorized to be charged to the credit card given by you at the time of
purchase. You may receive supporting information relating to charges to your
Account by sending a written request to webmaster@donbest.com or Customer Service, 1131 Howe Street,
Suite 401, Vancouver, British Columbia, V6Z 2P3, Canada.
6. Intellectual Property Rights.
A. Copyright Information
and Personal & Non-Commercial Use Limitation.
All Service and the compilation of all content included on this Website are
owned or licensed by Provider and protected by United States and international
copyright laws. Copyright ? 2008 Big Stick Media Corporation. All Rights
Reserved. Provider does not claim ownership of copyrights owned by third
parties.
You have been granted a license to view and use the Service subject to these
Terms and Conditions of Use. Unless otherwise specified, the Service on this
Website is for your personal and non-commercial use. You may not sell or modify
the Service or reproduce, display publicly or otherwise use the Service in any
way for any public or commercial purpose. Permission to reprint or
electronically reproduce any document or graphic, in whole or in part, for any
other purpose is expressly prohibited without prior written consent from
Provider. Users may not provide copyrighted or other proprietary information to
Provider without permission from the owner of such material or rights. Users
are solely responsible for obtaining such permission and for any damages
resulting from unauthorized disclosures or infringement.
B.
Notice and Procedure for Making Claims under the Digital
Millennium Copyright Act.
The Digital Millennium Copyright Act of the United States (DMCA) provides
recourse to copyright owners who believe that their rights under the United
States Copyright Act have been infringed by acts of third parties over the
Internet. If you believe that your copyrighted work has been copied without your
authorization and is available on this Website in a way that may constitute
copyright infringement, you may provide notice of your claim to Provider's
Designated Agent listed below. For your notice to be effective, it must include
the following information:
(1) A physical or electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed;
(2) A description of the copyrighted work that you claim has been infringed
upon;
(3) A description of where the material that you claim is infringing is located
on this Website;
(4) Information reasonably sufficient to permit the service provider to contact
the complaining party, such as address, telephone number, and, if available, an
e-mail address at which the complaining party may be contacted;
(5) A statement by you that you have a good-faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate and under
penalty of perjury, that the complaining party is authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
Provider's Designated Agent is:
Dodgeball Ventures Inc.
Akara Bldg
24 De Castro Street, Wickhams Cay 1
Road Town
Tortola
British Virgin Islands
The Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Website. All other inquires to the Designated Agent will not be answered.
C.
Trademarks.
Provider owns trademarks and service marks for its many goods and services,
including, without limitation, DON BEST SPORTS, DON BEST.COM and WHAT YOU NEED
TO WIN, and the associated graphics, logos and service marks are trademarks of
Don Best Sports and may not be used without prior written consent of Provider. All other
trademarks, product names, and company names and logos appearing on the Website
are the property of their respective owners.
D. Ideas and Inventions.
All comments, feedback, suggestions, ideas, and other submissions
("Ideas") disclosed, submitted, or offered to Provider in connection
with your use of this website shall be the exclusive property of Provider. User
agrees that unless otherwise prohibited by law Provider may use, sell, exploit
and disclose the Ideas in any manner, without restriction and without
compensation to User.
E.
Linking.
If you have a website and wish to establish temporary or permanent links from your
website to this Website, you must link to our homepage only. If you would like
to link to our homepage you will need to receive the express written permission
from DBS. Please submit your request (including your corporation's name, your
name and title, and business industry) to webmaster@donbest.com for our review and
approval.
F.
Software Use.
Any and all software which may be downloaded and/or installed from this Website
is made available to Users pursuant these Terms and Conditions of Use.
7. Privacy and Protection of Personal
Information.
Provider respects the privacy of visitors to our Website. Please see Providers's Privacy Policy
relating to the collection and use of your information. User acknowledges and
agrees that this Privacy Policy, including, but not limited to, the manner in
which Provider collects, uses and discloses User's personally identifiable
information, is incorporated and made part of these Terms and Conditions of
Use. If User does not agree to each and every part of the Privacy Policy, then
User should not use the Website or submit any personally identifiable
information through this Website. Questions regarding privacy issues should be
directed to Provider via e-mail at webmaster@donbest.com .
We do our commercially reasonable best to maintain the security and the privacy
of your credit card information but take no responsibility if any third party
determines or uses this information without your consent.
8. Disclaimer of Warranties and
Limitation of Liability.
User expressly agrees that use of the Website and Service is at User's sole
risk. Provider nor any of its respective officers, directors, or employees,
agents, merchants, sponsors, licensors, component suppliers (both hardware and
software), and/or any third party who provides products or services purchased
from or distributed by Provider, or the like, warrant that websites affiliated
with Provider, including but not limited to this Website, will be
uninterrupted, error-free, or free of viruses, worms, trojan horses, keyboard
loggers, spyware, adware, malware, harmful or malicious code, or other defects.
The information, products and services published on this Website may contain
inaccuracies or typographical errors. Provider makes no warranty as to the
results that may be obtained from the use of the Website or as to the accuracy,
reliability, or currency of any information content, service, or merchandise provided
through the Website. Furthermore, Provider 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
other than an authorized spokesperson. Advertisers, content providers, User,
guests, independent writers and experts are not authorized spokespersons. At no
time should the opinions, views, advice or statements provided by advertisers,
content providers, User, guests, independent writers or experts be relied upon
for important personal decisions without independent verification.
A. Disclaimer of
Warranties.
THIS WEBSITE, INCLUDING THE SERVICE AND ANY SOFTWARE, IS PROVIDED BY PROVIDER
ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST
EXTENT PERMISSIBLE BY APPLICABLE LAW, PROVIDER DISCLAIMS ALL IMPLIED
WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF
PROPRIETARY RIGHTS. PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SECURITY OF THE
WEBSITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE
WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS,
INCLUDED ON THIS WEBSITE. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH
MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. A SMALL
PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN
LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE.
CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN
USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN
YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING
THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR
PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE
SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
B.
Limitation of Liability.
PROVIDER DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO
THE WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE
INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF PROVIDER. YOU
EXPRESSLY UNDERSTAND AND AGREE THAT PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES
OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, ANY
SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES
WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),
OR OTHERWISE (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES). THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY
RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THIS WEBSITE OR THAT RESULT
FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS,
DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION,
OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD,
COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO
PROVIDER’S RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT PROVIDER HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS
PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE
THROUGH THE WEBSITE. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON PROVIDER’S GOODS OR
SERVICES, FROM INABILITY TO USE PROVIDER'S GOODS OR SERVICES, OR FROM THE
INTERRUPTION, SUSPENSION, OR TERMINATION OF PROVIDER'S SERVICES (INCLUDING SUCH
DAMAGES INCURRED BY THIRD PARTIES). SOME STATES OR OTHER JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. If you
are dissatisfied with any portion of the Website, your sole and exclusive
remedy is to discontinue your use of this Website.
9. Third Party Links.
This Website contains several links to other websites and may forward Users to
other websites within the same Internet browser window. These websites are not
under the control of Provider, and the existence of a link on the Website does
not imply any endorsement of the linked websites by Provider or any affiliation
between Provider and the owners of the linked websites. Provider makes no
warranties or representations, and disclaims all liability, relating to the
accuracy, content, terms of use, privacy policies, products, services,
legality, reliability, viewpoint, accuracy, currency, decency, or any other
aspect of the linked Websites. You agree that Provider has no responsibility to
you with respect to such material. Provider encourages you to examine the
privacy policies and/or terms of use policies of any third party website.
10. Online Conduct.
User agrees to use the Website and the Services provided through this Website
only for lawful purposes. Unacceptable uses of the Website include without
limitation: (i) engaging in any illegal activity or the planning of any illegal
activity; (ii) disseminating or transmitting statements or material that, to a
reasonable person, may be abusive, obscene, pornographic, defamatory,
harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating,
disseminating or transmitting files, graphics, software or other material that
actually or potentially infringes the copyright, trademark, patent, trade
secret, publicity or other intellectual property rights of any person; (iv)
creating a false identity or otherwise attempting to mislead any person as to
the identity or origin of any communication; (v) exporting, re-exporting or
permitting the downloading of any Service, software or content in violation of
any export or import law, regulation or restriction of the United States and its
agencies or authorities, or without all required approvals, licenses or
exemptions; (vi) interfering, disrupting or attempting to gain unauthorized
access to other Accounts on the Website or any other computer network; (vii)
disseminating or transmitting viruses, worms, Trojan horses, Remote Access
Trojans (RATs), keyboard loggers, time bombs, spyware, adware, cancelbots or
any other malicious or invasive code or program; or (viii) engaging in any
other activity deemed by Provider to be in conflict with the spirit or intent
of this Website.
11. Circumvention.
User acknowledges and agrees that User shall not circumvent or attempt to
circumvent any of these Terms and Conditions of Use, the Service offered
through this Website or otherwise interrupt or attempt to interrupt the
operations of the Website (collectively, a "Circumvention Act"). If
Provider determines, in their sole discretion, that User has engaged, or
attempted to engage, in any Circumvention Act, use automated technology or
otherwise commit fraud with regard to the Website, then, in such an event, User
will be subject to suspension or termination of User's access to the Website
and/or Service, and Provider reserves the right to institute civil or criminal
proceedings against User and to report User to the relevant regulatory
authorities.
12. Termination.
These Terms and Conditions of Use are effective until terminated by either
party. User may terminate these terms at any time by discontinuing use of the
Website. User's access to the Website may be terminated immediately without
notice from Provider if in their sole discretion User fails to comply with any
term or provision of these Terms and Conditions of Use.
13. Security.
If you use this Website, you are responsible for restricting access to your
computer and ensuring that your computer is free from all types of malicious
code, spyware, viruses, Trojan horses, etc. that may track any data you enter
via this Website, including e-mail address, credit card number, and other
payment related information. In addition, you are responsible for maintaining
the confidentiality of your Provider account ("Account") and password
and for restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your Account or password.
You agree to (a) immediately notify Provider of any unauthorized use of your
password or Account or and other breach of security, and (b) ensure that you
exit from your Account at the end of each session. Provider cannot and will not
be held liable for any loss or damage arising from your failure to comply with
this section.
Provider reserves the right to monitor all network traffic to this Website to
identify and/or block unauthorized attempts or intrusions to upload or change
information or cause damage to this Website in any fashion. Anyone using this
Website expressly consents to such monitoring.
14. Indemnification.
You agree to defend, indemnify and hold harmless Provider and their respective
subsidiaries, agents, managers, and other affiliated companies, and their
employees, contractors, agents, officers and directors from and against all
liabilities, actions, claims and expenses, including legal fees arising out of
or relating to: (a) Your use of the Website or the Service, including any data
or work transmitted or received by you or any service provider; (b) any other
party's access and use of the Website or the Service with your unique
Identifiers, except where you have previously notified Provider that you
believe such Identifiers are no longer secure and confidential, as specified in
Section 4(A); (c) Your connection to any site; (d) Your violation of these
Terms and Conditions of Use; (e) Your violation of any sports betting
regulations, edicts or laws to which you are subject; or (f) Your violation of
any rights of a third party or service provider.
15. Arbitration.
Any dispute relating in any way to your visit to Website shall be submitted to
confidential arbitration in the British Virgin Islands except that, to the
extent you have in any manner violated or threatened to violate Provider's
intellectual property rights, Provider may seek injunctive, equitable, or other
appropriate relief in a court of another jurisdiction and the User consents to
exclusive jurisdiction and venue as determined by Provider. You and Provider agree that
any Dispute between you and Provider shall be resolved exclusively and finally
by arbitration administered by arbitration, using interpretations under the
laws of the British Virgin Islands, and conducted under its rules, except
as otherwise provided below. You and Provider may also agree on another
arbitration forum. The arbitration will be conducted before a single
arbitrator, and will be limited solely to the Dispute. The arbitrator's award,
including attorneys' fees, shall be binding and may be entered as a judgment in
any court of competent jurisdiction. To the fullest extent permitted by
applicable law, no arbitration under these Terms and Conditions of Use, Privacy
Policy, or Software Terms shall be joined to an arbitration involving any other
party subject to these Terms and Conditions of Use or Privacy Policy, whether
through class arbitration proceedings or otherwise. You understand that, in the
absence of this provision, you would have had a right to litigate disputes
through a court, including the right to litigate claims on a class-wide or
class action basis, and that you have expressly and knowingly waived those
rights and agreed to resolve any Disputes through binding arbitration in
accordance with the provisions of this paragraph. For the purposes of this
provision, the term "Dispute" means any dispute, controversy, or
claim arising out of or relating to: (i) this Terms and Conditions of Use or
Privacy Policy, its interpretation, or the breach, termination, applicability
or validity thereof; (ii) the related order for, purchase, delivery, receipt or
use of any product or service from Provider; or iii) any other dispute arising
out of or relating to the relationship between you and Provider.
16. Applicable Law/Jurisdiction.
By visiting the Website, even if accessed from a location outside the United
States, you agree that the laws of the British Virgin Islands and the laws applicable therein, will govern these disclaimers, Terms
and Conditions of Use or Privacy Policy, without giving effect to any
principles of conflicts of laws. Provider reserves the right to make changes to
its Website and these disclaimers, Terms and Conditions of Use and Privacy
Policy, at any time. User hereby irrevocably and unconditionally consents to
jurisdiction in the British Virgin Islands.
17. Waiver/Severability.
The failure of Provider to require or enforce strict performance by User of any
provision of these Terms and Conditions of Use or to exercise any right under
them shall not be construed as a waiver or relinquishment of Provider’s right
to assert or rely upon any such provision or right in that or any other
instance.
The provisions of these Terms and Conditions of Use are intended to be
severable. If for any reason any provision of these Terms and Conditions of Use
shall be held invalid or unenforceable in whole or in part by any court of
competent jurisdiction, such provision shall, as to such jurisdiction, be
ineffective to the extent of such determination of invalidity or
unenforceability without affecting the validity or enforceability thereof in
any other manner or jurisdiction and without affecting the remaining provisions
of the Terms and Conditions of Use, which shall continue to be in full force
and effect.
18. Statute of Limitations.
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 Website, Terms and
Conditions of Use or Privacy Policy, must be filed within ONE (1) YEAR after
such claim or cause of action arose or be forever barred.
19. California Consumer Notice.
As required by California Code Section 1789.3, this notice is to advise you
that (a) this Website is a service provided by Dodgeball Ventures Inc.
(Akara Bldg,
24 De Castro Street, Wickhams Cay 1,
Road Town,
Tortola,
British Virgin Islands) , and that (b)
the fees and charges for the Service vary depending on the particular features
and services selected by the User. Provider reserves the right to change the amount
of any fee or charge and to institute new fees or charges, effective on
reasonable notice to the Users of the Service. If you have a complaint
regarding the Service or desire further information on use of the Service,
contact DonBest.com by telephone at (702) 579-7900. For complaints from
residents of the United States, you may also contact the Complaint Assistance
Unit of the Division of Consumer Services of the Department of Consumer Affairs
in writing at 400 "R" Street, Sacramento, California 95814 or by
telephone at 1-916-445-1254.
20. Entire Agreement.
These Terms and Conditions of Use constitute the entire agreement between the
User and Provider with respect to the subject matter hereof and supersedes and
replaces all prior or contemporaneous understandings or agreements, written or
oral, regarding such subject matter. Any waiver of any provision of the Terms
and Conditions of Use or Privacy Policy will be effective only if in writing
and signed by Provider.
THE SECTION TITLES IN THE TERMS OF USE
ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.
Date
Last Modified: September 19, 2012
These Terms and Conditions of Use may
be changed at any time, without prior notice.
Activities offered by advertising links
to other sites may be deemed an illegal activity in certain jurisdictions.
Viewers are specifically warned that they should inquire into the legality of
participating in any games and/or activities offered by such other sites. The
owner of this website assumes no responsibility for the actions by and makes no
representation or endorsement of any of these games and/or activities offered
by the advertiser. As a condition of viewing this website viewers agree to hold
the owner of this website harmless from any claims arising from the viewer's
participation in any of the games and/or activities offered by the advertiser.
US CITIZENS PLEASE NOTE: The
information contained at this site is for news and entertainment purposes only.
Any use of this information in violation of any federal, state, provincial or
local law is prohibited.