1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
The Dicemania Service ("Service"), owned and operated by Dicemania.
("Dicemania"), is provided to you ("Member") under the terms and
conditions of this Dicemania Terms of Service (DTS) and any operating
rules or policies that may be published by Dicemania. The DTS comprises
the entire agreement between Member and Dicemania and supersedes all
prior agreements between the parties regarding the subject matter
contained herein. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING
THE "I ACCEPT" BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND
BY ALL OF THE TERMS AND CONDITIONS OF THE DTS.
2. DESCRIPTION OF SERVICE
Dicemania is providing Member with a capability to play
Dicemania via the
World Wide Web and on Dicemania's own system. Dicemania will not charge
Member for this Service. Member must: (1) provide all equipment,
including a computer and modem, necessary to establish a connection to
the World Wide Web; (2) provide for own access to the World Wide Web
and pay any telephone service fees associated with such access.
In consideration for this Service, Member agrees to: (1)
provide
certain current, complete, and accurate information about Member as
prompted to do so by the Service and (2) maintain and update this
information as required to keep it current, complete and accurate. All
information requested on original sign up shall be referred to as
registration data ("Registration Data"). Furthermore, Member grants
Dicemania the right to disclose to third parties certain Registration
Data about Member and Service membership in the aggregate; however,
such disclosures will exclude Member's name, email address, and
account number, unless: (1) Member expressly directs Dicemania, or any
other person Member may specifically designate to disclose such
information through the Service as provided by the Service or (2)
Dicemania is required to disclose such information by any applicable law
or legal process served on Dicemania.
If any information provided by Member is inaccurate,
Dicemania retains
the right to terminate Member's membership and rights to use the
Service.
3. MODIFICATIONS TO TERMS OF SERVICE
Dicemania may change the terms and conditions of the DTS
from time to
time. Upon any change in the terms and conditions of the DTS, Dicemania
will notify you by posting the changes as a start-up screen prior to
your subsequent use of the Service. If you agree to be bound by the
changes, you must again click the "I Accept" button that will follow
the posted changes. If you do not click the "I Accept" button, you may
terminate your use of the Service at that time.
Member's continued use of the Service constitutes an
affirmative: (1)
acknowledgment by Member of the DTS and its modifications; and (2)
agreement by Member to abide and be bound by the DTS and its
modifications.
4. MODIFICATIONS TO SERVICE
Dicemania reserves the right to modify or discontinue the
Service with or
without notice to Member.
Dicemania shall not be liable to Member or any third party
should Dicemania
exercise its right to modify or discontinue the Service.
5. PRIVACY POLICY
It is Dicemania's policy to respect the privacy of its
Members.
Therefore, in addition to the privacy of registration data as
discussed in Section 2 above, Dicemania will not monitor, edit, or
disclose the contents of a Member's private communications unless
required to do so by law or in the good faith belief that such action
is necessary to: (1) conform to the edicts of the law or comply with
legal process served on Dicemania; (2) protect and defend the rights or
property of Dicemania; or (3) act under exigent circumstances to protect
the personal safety of its members or the public.
Member acknowledges and agrees that Dicemania neither
endorses the
contents of any Member communications nor assumes responsibility for
any threatening, libelous, obscene, harassing or offensive material
contained therein, any infringement of third party intellectual
property rights arising therefrom or any crime facilitated
thereby.
Member acknowledges and agrees that certain technical
processing of
data may be required to: (1) process communications; (2) conform to
connecting networks' technical requirements; (3) conform to the
limitations of the Service; or (4) conform to other similar
6. MEMBER ACCOUNT, PASSWORD, AND SECURITY
Once you become a member of the Service, you shall
receive a user name
and a personal identification number (PIN) with your account. You are
entirely responsible if you do not maintain the confidentiality of
your password and account. Furthermore, you are entirely responsible
for any and all activities which occur under your account. You may
change your password at any time by contacting Dicemania; you may
also set up a new account and close an old one at your
convenience.
Member agrees to immediately notify Dicemania of any
unauthorized use of
Member's account or any other breach of security known to Member.
7. DISCLAIMER OF WARRANTIES
MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT
MEMBER'S SOLE
RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS.
DICEMANIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
DICEMANIA MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR
REQUIREMEDTS,
OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR
FREE; NOR DOES DICEMANIA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR
RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT
DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR
DATA DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT
MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
DICEMANIA MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES
PURCHASED OR
OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH
THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY MEMBER
FROM DICEMANIA OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES,
SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY
DICEMANIA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE
INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE
SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF
MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF DICEMANIA HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
9. NO RESALE OR COMMERCIAL USE OF THE SERVICE
Member's right to use the Service is personal to Member.
Member may
only be an individual: Member may not be a corporation or other
business entity. Member agrees not to resell or make any commercial
use of the Service, without the express consent of Dicemania.
10. MEMBER CONDUCT
Member is solely responsible for the contents of his or
her
transmissions through the Service.
Member's use of the Service is subject to all applicable
local, state,
national and international laws and regulations.
Member agrees: (1) to comply with US law regarding the
transmission of
technical data exported from the United States through the Service;
(2) not to use the Service for illegal purposes; (3) not to interfere
or disrupt networks connected to the Service; and (4) to comply with
all regulations, policies and procedures of networks connected to the
Service.
The Service makes use of the Internet to send and receive
certain
messages; therefore, Member's conduct is subject to Internet
regulations, policies and procedures.
Member agrees not to transmit through the Service any
unlawful,
harassing, libelous, abusive, threatening, harmful, vulgar, obscene or
otherwise objectionable material of any kind or nature. Member further
agrees not to transmit any material that encourages conduct that could
constitute a criminal offense, give rise to civil liability or
otherwise violate any applicable local, state, national or
international law or regulation. Attempts to gain unauthorized access
to other computer systems are prohibited.
Member shall not interfere with another Member's use and
enjoyment of
the Service or another entity's use and enjoyment of similar
services.
Dicemania may, at its sole discretion, immediately terminate
Service
should Member's conduct fail to conform with these terms and
conditions of the DTS.
11. INDEMNIFICATION
Member agrees to indemnify and hold Dicemania, its parents,
subsidiaries,
affiliates, officers and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to
or arising out of Member's use of the Service, the violation of this
DTS by Member, or the infringement by Member, or other user of the
Service using Member's computer, of any intellectual property or other
right of any person or entity.
12. TERMINATION
Either Member or Dicemania may terminate the Service with or
without
cause at any time and effective immediately. Termination shall be
accompanied by a written notice to the other party. Dicemania shall not
be liable to Member or any third party for termination of Service.
Should Member object to any terms and conditions of the
DTS or any
subsequent modifications thereto or become dissatisfied with the
Service in any way, Member's only recourse is to immediately: (1)
discontinue use of the Service; (2) terminate Service membership; and
(3) notify Dicemania of termination.
Upon termination of the Service, Member's right to use
the Service and Software immediately ceases.
13. NOTICE
All notices to a party shall be in writing and shall be
made either
via email or conventional mail. Dicemania may broadcast notices or
messages through the Service to inform Member of changes to the DTS,
the Service, or other matters of importance; such broadcasts shall
constitute notice to Member.
14. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Member may enter into correspondence with or participate
in promotions
of the Advertisers showing their products on the Service. Any such
correspondence or promotions, including the delivery of and the
payment for goods and services, and any other terms, conditions,
warranties or representations associated with such correspondence or
promotions, are solely between the corresponding Member and the
Advertiser. Dicemania assumes no liability, obligation or responsibility
for any part of any such correspondence or promotion.
15. PROPRIETARY RIGHTS TO CONTENT
Member acknowledges that content, including but not
limited to text,
software, music, sound, photographs, video, graphics or other material
contained in either sponsor advertisements or email-distributed,
commercially produced information presented to Member by the Service
("Content") by Dicemania or Dicemania's Advertisers, is protected by
copyrights, trademarks, service marks, patents or other proprietary
rights and laws; therefore, Member is only permitted to use this
Content as expressly authorized by the Service or the Advertiser.
Member may not copy, reproduce, distribute, or create derivative works
from this Content without expressly being authorized to do so by the
Service or the Advertiser.
16. LAWS
The DTS shall be governed by and construed in accordance
with the laws
of the state of Virginia, excluding its conflict of law
provisions.
Member and Dicemania agree to submit to the exclusive
jurisdiction of the
courts of the state of Virginia.
If any provision(s) of the DTS is held by a court of
competent
jurisdiction to be contrary to law, then such provision(s) shall be
construed, as nearly as possible, to reflect the intentions of the
parties with the other provisions remaining in full force and
effect.
Dicemania's failure to exercise or enforce any right or
provision of the
DTS shall not constitute a waiver of such right or provision unless
acknowledged and agreed to by Dicemania in writing.
Member and Dicemania agree that any cause of action arising
out of or
related to this Service must commence within one (1) year after the
cause of action arose; otherwise, such cause of action is permanently
barred.
The section titles in the DTS are solely used for the
convenience of
the parties and have no legal or contractual significance.