Terms of Service PDF Print E-mail
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Tuesday, 02 January 2007

Welcome to Countless Methods! Before you register for your Countless Methods account, you must read and agree to these Countless Methods Terms of Use and the following terms and conditions and policies, including any future amendments (collectively, the "Agreement"):

THIS IS NOT AN ONLINE GAMBLING WEB SITE.  NO REAL MONEY IS WAGERED IN THE COUNTLESS METHODS GAME, AND DOING SO IS A VIOLATION OF THESE TERMS OF SERVICE.

Although we may attempt to notify you via the email address you provide upon creating an account at the Countless Methods website when major changes are made, you should visit this page periodically to review the terms. Rendition Multimedia may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the Countless Methods service. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.


DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY

THE Countless Methods(TM) SERVICE PROVIDED IS PROVIDED ON AN AS IS, AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Countless Methods(TM) EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE Countless Methods(TM) SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY Countless Methods(TM), ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL Countless Methods(TM), OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE Countless Methods(TM) SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE Countless Methods(TM) SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, SECURITY BREACHES, UNAUTHORIZED MANIPULATION OF USER ACCOUNTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO Countless Methods(TM) RECORDS, PROGRAMS OR SERVICES. THE SUBSCRIBER HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT Countless Methods(TM) IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM Countless Methods(TM) AND ITS AFFILIATES.

THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.


   1. Description of Service. Countless Methods is a free, Blackjack simulation game and web site from Rendition Multimedia (the "Service"). You understand and agree that the Service may include content-targeted ads or other related information, as further described below and in the Countless Methods Privacy Policy. In addition, you understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. Rendition Multimedia disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. Rendition Multimedia also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.

   2. Personal Use. The Service is made available to you for your personal use only. Due to the Children's Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use this Service. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. Rendition Multimedia reserves the right to refuse service to anyone at any time without notice for any reason.

   3. Proper Use. You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with the Agreement. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Rendition Multimedia; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; (iv) use the Service for any fraudulent or inappropriate purpose; or (v) act in any way that violates the Program Policies, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. Rendition Multimedia reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

   4. Content of the Service. Rendition Multimedia takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does Rendition Multimedia have any obligation to monitor such third party content. Rendition Multimedia reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. Rendition Multimedia also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of Rendition Multimedia, its users and the public. Rendition Multimedia will not be responsible or liable for the exercise or non- exercise of its rights under this Agreement.

   5. Intellectual Property Rights. Rendition Multimedia's Intellectual Property Rights. You acknowledge that Rendition Multimedia owns all right, title and interest in and to the Service, including without limitation all intellectual property rights (the "Rendition Multimedia Rights"), and such Rendition Multimedia Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. The Rendition Multimedia Rights include rights to (i) the Service developed and provided by Rendition Multimedia; and (ii) all software associated with the Service. The Rendition Multimedia Rights do not include third-party content used as part of Service, including the content of communications appearing on the Service.

      Your Intellectual Property Rights. Rendition Multimedia does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your Countless Methods account. We will not use any of your content for any purpose except to provide you with the Service.

   6. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to Rendition Multimedia to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.

   7. Privacy. As a condition to using the Service, you agree to the terms of the Countless Methods Privacy Policy as it may be updated from time to time. Rendition Multimedia understands that privacy is important to you. You do, however, agree that Rendition Multimedia may monitor, edit or disclose your personal information, including the content of your emails, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use and the Countless Methods Privacy Policy. Personal information collected by Rendition Multimedia may be stored and processed in the United States or any other country in which Rendition Multimedia Inc. or its agents maintain facilities. By using Countless Methods, you consent to any such transfer of information outside of your country.

   8. Advertisements. As consideration for using the Service, you agree and understand that Rendition Multimedia will display ads and other information adjacent to and related to the content of the web site and Blackjack simulation game. Countless Methods may serve relevant ads using a completely automated process that enables Rendition Multimedia to effectively target dynamically changing content, such as user behavior. No human will read the content of your account profile in order to target such advertisements or other information without your consent, and no personal information will be provided to advertisers as part of the Service.

   9. Account Inactivity. After a period of inactivity, Rendition Multimedia reserves the right to disable or terminate a user's account. If an account has been deactivated for inactivity, the user name associated with that account may be given to another user without notice to you or such other party.

  10. Publicity. Any use of Rendition Multimedia's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("Brand Features") is prohibited.

  11. Termination; Cancellation. You may cancel your use of the Services and/or terminate this Agreement with or without cause at any time by providing notice to Rendition Multimedia at http://www.countlessmethods.com in the account manager, provided, however, that a terminated account may continue to exist for up to two business days before such cancellation takes effect. Rendition Multimedia may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system.

  12. Indemnification. You agree to hold harmless and indemnify Rendition Multimedia, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Rendition Multimedia will provide you with written notice of such claim, suit or action.

  13. Choice of Law; Jurisdiction. These Terms of Use will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Cook County, Illinois, and you consent to the jurisdiction of such courts.

Last Updated ( Sunday, 17 June 2007 )
 
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