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Terms Of Use
(DIVISION 1. USE OF THIS SITE AND ALL OTHER APIN SITES)
Thankyou for using Real Competitions International (Apin Inc).
1. Your relationship with Apin, Inc.
1.1 Your use of Apin products, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by Apin under a separate written agreement) is subject to the terms of a legal agreement between you and Apin. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with Apin, your agreement with Apin will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.
1.3 Your agreement with Apin will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Apin in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by Apin in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that Apin will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Apin, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.
3. Language of the Terms
3.1 Where Apin has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Apin.
3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
4. Provision of the Services by Apin.
4.1 Apin has subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of Apin itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
4.2 Apin is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Apin provides may change from time to time without prior notice to you.
4.3 As part of this continuing innovation, you acknowledge and agree that Apin may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Apin's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Apin when you stop using the Services.
4.4 You acknowledge and agree that if Apin disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
4.5 You acknowledge and agree that while Apin may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Apin at any time, at Apin’s discretion.
5. Use of the Services by you
5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Apin will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Apin, unless you have been specifically allowed to do so in a separate agreement with Apin. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.5 Unless you have been specifically permitted to do so in a separate agreement with Apin, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.6 You agree that you are solely responsible for (and that Apin has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Apin may suffer) of any such breach.
6. Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to Apin for all activities that occur under your account.
6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Apin immediately here.
7. Privacy and your personal information
7.1 For information about Apin’s data protection practices, please read Apin’s privacy policy at here. This policy explains how Apin treats your personal information, and protects your privacy, when you use the Services.
7.2 You agree to the use of your data in accordance with Apin’s privacy policies.
8. Content in the Services
8.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
8.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Apin (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Apin or by the owners of that Content, in a separate agreement.
8.3 Apin reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, Apin may provide tools to filter out explicit sexual content. In addition, there are commercially available services and software to limit access to material that you may find objectionable.
8.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
8.5 You agree that you are solely responsible for (and that Apin has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Apin may suffer) by doing so.
9. Proprietary rights
9.1 You acknowledge and agree that Apin (or Apin’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Apin and that you shall not disclose such information without Apin’s prior written consent.
9.2 Unless you have agreed otherwise in writing with Apin, nothing in the Terms gives you a right to use any of Apin’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Apin, then you agree that your use of such features shall be in compliance with that agreement and any applicable provisions of the Terms.
9.4 Other than the limited license set forth in Section 11, Apin acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Apin, you agree that you are responsible for protecting and enforcing those rights and that Apin has no obligation to do so on your behalf.
9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
9.6 Unless you have been expressly authorized to do so in writing by Apin, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
10. License from Apin.
10.1 Apin gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Apin as part of the Services as provided to you by Apin (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Apin, in the manner permitted by the Terms.
10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Apin, in writing.
10.3 Unless Apin has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
11. Content license from you
11.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Apin a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Apin to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
11.2 You agree that this license includes a right for Apin to make such Content available to other companies, organizations or individuals with whom Apin has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
11.3 You understand that Apin, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Apin to take these actions.
11.4 You confirm and warrant to Apin that you have all the rights, power and authority necessary to grant the above license.
12. Software updates
12.1 The Software which you use may automatically download and install updates from time to time from Apin. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Apin to deliver these to you) as part of your use of the Services.
13. Ending your relationship with Apin
13.1 The Terms will continue to apply until terminated by either you or Apin as set out below.
13.2 If you want to terminate your legal agreement with Apin, you may do so by (a) notifying Apin at any time and (b) closing your accounts for all of the Services which you use, where Apin has made this option available to you. Your notice should be sent, in writing, to Apin’s address which is set out at the beginning of these Terms.
13.3 Apin may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) Apin is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom Apin offered the Services to you has terminated its relationship with Apin or ceased to offer the Services to you; or
(D) Apin is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) the provision of the Services to you by Apin is, in Apin’s opinion, no longer commercially viable.
13.4 Nothing in this Section shall affect Apin’s rights regarding provision of Services under Section 4 of the Terms.
13.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Apin have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
14. EXCLUSION OF WARRANTIES
14.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT APIN’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE.'
14.3 IN PARTICULAR, APIN, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
14.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
14.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APIN OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14.6 APIN FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
15. LIMITATION OF LIABILITY
15.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT APIN, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH APIN MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE APIN WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
15.2 THE LIMITATIONS ON APIN’S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT APIN HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
16. Copyright and trade mark policies
16.2 Apin operates a trade mark complaints procedure in respect of Apin’s advertising business.
17. Advertisements
17.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
17.2 The manner, mode and extent of advertising by Apin on the Services are subject to change without specific notice to you.
17.3 In consideration for Apin granting you access to and use of the Services, you agree that Apin may place such advertising on the Services.
18. Other content
18.1 The Services may include hyperlinks to other web sites or content or resources. Apin may have no control over any web sites or resources which are provided by companies or persons other than Apin.
18.2 You acknowledge and agree that Apin is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
18.3 You acknowledge and agree that Apin is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
19. Changes to the Terms
19.1 Apin may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, Apin will make a new copy of the Universal Terms available at http://www.marketing.apinnetwork.com/terms and any new Additional Terms will be made available to you from within, or through, the affected Services.
19.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Apin will treat your use as acceptance of the updated Universal Terms or Additional Terms.
20. General legal terms
20.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
20.2 The Terms constitute the whole legal agreement between you and Google and govern your use of the Services (but excluding any services which Apin may provide to you under a separate written agreement), and completely replace any prior agreements between you and Apin in relation to the Services.
20.3 You agree that Apin may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
20.4 You agree that if Apin does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Apin has the benefit of under any applicable law), this will not be taken to be a formal waiver of Apin’s rights and that those rights or remedies will still be available to Apin.
20.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
20.6 You acknowledge and agree that each member of the group of companies of which Apin is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
20.7 The Terms, and your relationship with Apin under the Terms, shall be governed by the laws of the State of South Australia without regard to its conflict of laws provisions. You and Apin agree to submit to the exclusive jurisdiction of the courts located within the state of South Australia to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Apin shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
(DIVISION 2. OUR CONTESTS)
These terms and conditions and each of it's words have been scripted to be read via the english language and each word is only to be interpreted using the english language unless the whole document is legally translated to another language for use.
Your use of the site:
Contests only open to all residents aged 16 and over, of USA, UK, Australia and New Zealand.
When you ("You" or "User") use this Internet web site, you agree to the following terms and conditions (the "Use Agreement"). RCI ("Real Competitions International" or "We") may revise these terms from time to time, at our sole discretion, by updating this T.A.C. Unless otherwise provided below, the revised terms will take effect when they are posted. BY CONTINUING TO USE THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS OF THIS USE AGREEMENT AND ALL REVISIONS THEREOF.
This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by RCI. RCI and its affiliates reserve the right to refuse service, report illegal activity, and/or cancel service requests in its discretion, including, without limitation, if RCI believes that a user's conduct violates applicable law or is directly or indirectly harmful to the interests of RCI and its affiliates.
The Site may contain links to other web sites or resources. You acknowledge and agree that RCI is not responsible or liable for (i) the availability or accuracy of such sites or resources, or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on the site does not imply that we endorse the linked site. You use the links at your own risk.
NEITHER “RCI” NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY APPLICATIONS AND SITE CONTENT) SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE AND THE SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH DAMAGE.
If your use of the site results in the need for servicing or replacing property, material, equipment or data, we are not responsible for those costs.
RCI and its licensors shall retain all of its right, title and interest in and to all patent rights, inventions, copyrights, know-how and trade secrets relating to the site. User acknowledges that product names, company names, marks, logos, and symbols on the site may be the trademarks of their respective owners.
YOU USE THE SITE AT YOUR RISK. We endeavor to provide a convenient and functional Site, but we do not guarantee that it will be error free or that the site or the server that operates it are free of viruses or other harmful components. We urge you to keep backup copies of material you maintain on or use with the Site.
As mentioned above, we remind you to be careful in your dealings with other users. Without limiting the foregoing, EVERYTHING ON THE SITE (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY APPLICATIONS AND SITE CONTENT) IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
“RCI” MAKES NO WARRANTY THAT THE SITE (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY APPLICATIONS AND SITE CONTENT) WILL MEET USER'S REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES “RCI” MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE. “RCI” MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM “RCI” OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
You agree to defend, indemnify, and hold harmless RCI, its officers, directors, employees, agents and partners, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from your use of the Site or the Site Content, including without limitation claims against RCI for unsatisfactory performance of services listed on the Site, or your violation of this Use Agreement.
You are responsible for compliance with applicable local laws. This Use Agreement is personal to you and you may not transfer, assign or delegate this Use Agreement to anyone without the express written permission of RCI. Any attempt by you to assign, transfer or delegate this Use Agreement without the express written permission of RCI shall be null and void. This Use Agreement and any registration for or subsequent use of the Site will not be construed as creating or implying any relationship of agency, independent contractor, franchise, partnership, or joint venture between any User and RCI.
The Use Agreement and the agreements referenced in this Use Agreement comprises the entire agreement between you and RCI with respect to the use of the Site and supersedes all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any web site that links-to or is linked-from the Site.
Accounts & Fraud:
As part of the registration process, you will select a password. You must take care to keep your password confidential. You must not disclose it to anyone and you must take care where you write it down on paper or where you store it electronically. You could be liable to pay compensation if an unauthorised person gains access to your account as a result of your failure to keep your password confidential.
Accounts may only be created via the registration process provided within the realcompetitions.com website, and may never be created by any other means other than via the registration process provided within the realcompetitions.com website.
Any attempt to insert malicious code or any other means to sabotage, maliciously take advantage of, or destroy the realcompetitions.com website, it's affiliates, or any other mediums used by/in the realcompetitions.com website or Asthetik Productions or any other partner, will result in account closure and a lawful process (including possible lawsuits) as well as possible public exposure of all those involved with the attempt and all companies involved. If such a case occurs, you confirm that you will not hold RCI or any of it's partners, affiliates responsible for the outcome of such acts.
Any information provided via the registration process MUST be correct and accurate in accordance with the limits of the laws stated within your area, and in accordance with all non-conflicting international laws and in accordance with ALL laws.
Any changes to personal information MUST be correct in accordance with the limits of the laws stated within your area, and in accordance with all non-conflicting international laws and in accordance with ALL laws.
If a law local to your area conflicts in any way with international law which can create an undecidable outcome in regards to any of RCI's processes with you, you agree that an account within realcompetitions.com will not be created by you.
Any attempt to fraudulantly add funds to an account created within the realcompetitions.com website or ANY other medium via any means other than those stated on the RCI website (Appropriately added via an expenditure on the part of the contestant) or any other person who attempts to add funds fraudulantly to any account, will result in complete closure of the account in question WITHOUT refund of any funds located within the account or outside the account and without receipt of winnings caused directly or indirectly by the account in question, nor receipt of winnings as a result of any prior correct procedure, nor receipt of any requested assistance/help associated with RCI. This will result in a lawful process (including a lawsuit to recover any funds/winnings provided to the account and it's owners in question.
Any winnings received by an account and it's contestants that commited a fraudulant act prior to a fraudulant act will also be deemed void of being valid and will be rightfully returned to RCI and it's owners and/or the RCI winnings funding account.
You agree that all accounts that win will undergo a strict check using several processes to verify all actions on the account, and to verify that no fraudulant acts are committed nor false information is provided.
All winning accounts are subject to a 3 month suspension from the exact time and date of winning, and are void of receiving any further money or prizes (except that which is won by the contestant, and except any other competitions where the account balance is not associated with the winning contest) via the realcompetitions.com website.
All contestants who win any prizes agree that no refund is available on any account balances within the winning RCI account (for balances relating to the winning contests only).
You agree that any changes to your account will result in RCI databasing and keeping ALL prior information submitted for any verification purposes if a lawful investigation is activated due to fraud or any other unlawful acts.
In addition to any other rights of the parties set forth herein, either you or RCI may cancel or terminate this Agreement at any time. RCI also reserves the right to restrict, suspend or terminate your access to your account in whole or in part, without notice, with respect to any breach or threatened breach by you of any portion of this Agreement. If RCI terminates this Agreement based on a breach of any portion of this Agreement, RCI reserves the right to refuse to provide a service or any services to you in the future.
If we find that you are not using the service properly we reserve the right to terminate your use of the service immediately without refund and, if necessary, take legal action against you.
Null and Void Entries:
Employees, employers, associates of each and hereafter, family members of each and hereafter, anyone directly or indirectly involved with RCI, Employees or employers and such prior and hereafter of our hosting company Vodahost® may not enter these contests and if such happens, to those entrants, our refund policy and Prize allocation policy will become null and void.
Refund Policy and prize allocation on contest entries:
Secret Sound and What Am I? contest prizes at this time equal US$10,000 per first correct entry of each puzzle. This amount is non-negotiable.
You agree that all winnings are subject to a 7 day holding period to check authetication of winning contestant and/or possible attempts at multiple accounts and/or fraud, however, winnings may be supplied sooner, or later. If such a case occurs where winnings must be delayed beyond the 7 days holding period we will notify you of this including all reasons as to why.
You agree that after the 7 day holding period, prizes will be held until a letter of verification is sent to the address provided on the winning contest's account, with a form which MUST be completed with the appropriate details requested ( Colour printed copy of photo ID), then returned to RCI within 90 days of the letter being sent to the address: ( RCI CW Verification Department, 1/71 Castle Street Edwardstown, SA, 5039, Australia.).
You agree that RCI will only be responsible for entry guess refunds upon clear acknowledgement that your guess is entirely correct in accordance with our policy, and received after a correct entry has already been submitted by another contestant, or; a request for full refund is given within the '10 Day Cooling Off Period' of the account's creation. RCI will not accept ANY refund requests after the '10 Day Cooling Off Period' for ANY funds, other than under those special circumstances already stated within these Terms and Conditions Statements. RCI will only be responsible for Prizes upon clear acknowledgement that your guess is entirely correct, and where the guess is not written in such a way that it may be misconceived as multiple possibilities, and if this is so, the most incorrect possibility may be chosen.
It is your responsibility to observe the "most accurate guess percentage so far" provided within the standard public pages displaying details for the specific contest, and use this as a point to decide whether or not it is worth starting play in the current puzzle or contest. (Real Competitions International suggests that if you have not started playing a specific contest yet, and the highest rated guess so far is higher than 85%, then it is better to wait for the current contest has been won and closes or play another contest until the next puzzle becomes immediately available for play.)
Refunds will only be given upon the result of a dispute where no outcome is possible, however refunds may be given if the funds in question were withdrawn or used by those other than the contestant via other means other than by the permission of the name on the account, where proof is available.
Refunds and Prizes will not be given if;
· Entry is placed without an equal or greater value of the cost associated with the guess, or guess is misdirecting or placed with another guess within two commas.
· Entry is not written clearly or consequentially expressed in such a way that it may be confused with other possibilities.
· Entrant is not 16 years of age or over.
· Entrant is legally bound by local laws to not enter such contests, and where refunds and prize allocation may result in damage to the RCI firm or website and other mediums used by RCI.
· Entrant has been deemed to act fraudulantly in such a way that funds used to enter any competitions have been maliciously and/or fraudulantly added to an account created within the realcompetitions.com website or any other medium.
Please report any apparent violation to the Australian Consumers' Association, 57 Carrington Road, Marrickville 2204; phone (02) 9577 3399; fax (02) 9577 3355 or to your local authorities.
Links within this site are provided for your information. RCI does not endorse and has not necessarily verified any of the information available through the use of any link to other sites other that realcompetitions.com found within the site.
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* Be for commercial purposes.
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* Violate any applicable laws, rules, or regulations.
* Contain software viruses or any other malicious code.
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