GtrHtr
10-13-2006, 09:46 PM
ULTIMATEBET.COM TERMS OF SERVICE AND LICENSE AGREEMENT
This document is a legal agreement ("Agreement") between you ("Player") and eWorld Holdings Inc. d/b/a Secure
Services ("Secure Services" or "UltimateBet(tm)"). Read the following terms and conditions before using or installing
any software (the "Software") accompanied by this Agreement.
BY CLICKING THE "I AGREE" BUTTON OR ACCESSING, USING OR INSTALLING ANY PART OF THE
SOFTWARE, PLAYER EXPRESSLY AGREES TO AND CONSENTS TO BE BOUND BY ALL THE TERMS
OF THIS AGREEMENT. If you do not agree to all of the terms of this Agreement you may not access, use or install
any part of the Software.
The URL www.ultimatebet.com (http://www.ultimatebet.com) and the software that operates that URL are exclusively licensed to and operated by
eWorld Holdings Inc. Financial transactions are processed through eWorld Processing Ltd., a subsidiary of eWorld
Holdings Inc.
1. LICENSE AGREEMENT
UltimateBet(tm) grants to Player a non-exclusive license to use the Software, subject to the terms of this Agreement,
for a term of three years from the date of this Agreement. UltimateBet(tm) may modify this Agreement at any time
without notice and Player shall periodically review this Agreement and any other terms and conditions posted at this Web
site at a rate not less than once monthly. Player shall not participate in the Games, open, use or reuse the Software,
enter the Web site, or the cardroom, nor accept any Prize if Player does not fully understand, agree to, become a
party to, and abide by, without exception, all rules, regulations and terms and conditions contained herein and
as such rules, regulations and terms and conditions may change from time-to-time. The term of this Agreement will
be automatically extended for three years from the date you receive any UltimateBet(tm) Software upgrades or
subsequent UltimateBet(tm) Software versions.
2. LICENSE RESTRICTIONS
You may not:
(a) permit other individual(s) to use the Software unless such other individual(s) agree in writing to accept the
terms of this Agreement;
(b) modify, translate, reverse engineer, decompile, disassemble or create derivative works
based upon the Software;
(c) copy the Software;
(d) rent, lease, transfer, sublicense or otherwise transfer rights to the Software;
(e) remove any proprietary notices or labels on the Software, including the code underlying the Software; or
(f) use the Software for any reason other than your private use.
3. LIMITATIONS ON USE
You agree that you will use the Software in a manner that complies with all applicable laws in the jurisdictions in
which you use the Software. To be eligible to play UltimateBet(tm) games for value you must produce evidence of a
kind which has been deemed acceptable by the Kahnawake Gaming Commission (the "KGC") pursuant to its
promulgated regulations ("Regulations"), which may be found at www.kahnawake.com (http://www.kahnawake.com), confirming your: (a) identity;
(b) place of residence; and (c) age. The Regulations provide that no person under the age of eighteen (18) is
permitted to participate in UltimateBet(tm) games. In addition, you must be at least of the minimum age required
to engage in wagering activities in the jurisdiction where you are located. YOU AGREE NOT TO
USE THE SOFTWARE TO PARTICIPATE IN REAL-MONEY PLAY AT ULTIMATEBET(TM) EXCEPT WHERE
IT IS EXPRESSLY LEGAL TO DO SO. UltimateBet(tm) assumes no responsibility for the actions by you,
the Player. You acknowledge that the games offered by UltimateBet(tm) may be deemed an illegal activity in certain
jurisdictions, and represent that you have made a reasonable inquiry into the legality of participating in
UltimateBet(tm) games wherein you play. You acknowledge that UltimateBet(tm) is unable to determine where its
Software is being used, and that UltimateBet(tm) is therefore relying upon your representation and express acceptance
of this restriction by clicking where indicated, and that you will only use the Software for real-money play in those
locations where it is legal to do so.
UltimateBet(tm) is not responsible for claims for losses or damages resulting from real-money play under any condition.
Players are playing against each other and not against UltimateBet(tm). Play at UltimateBet(tm) is at the sole option,
discretion and risk of the Player. Player is also responsible for maintaining the secrecy and security of their account
passwords and other personal security information. UltimateBet(tm) is not responsible for the unauthorized use of
your, the Player's, account or any losses that may result, of such unauthorized use.
UltimateBet(tm) also has the right to hold any and all of a player's funds indefinitely if it is found determined at the sole
discretion of UltimateBet(tm) that the player has been involved in fraudulent activity on UltimateBet(tm).
Fraudulent activity may include, but is not limited to, stolen credit cards, transfer of funds to other player accounts
(chip dumping), forgery, collusion, false representation of age, closure of an account by another online gaming site,
adverse information from a reporting service regarding Player, at the request of an UB affiliate or partner, and at the
request of a governmental agency.
You may only use the Software in accordance with the rules posted on the UltimateBet(tm) site, as may be modified
from time to time. In cases where disputes arise between players, you agree that judgments of UltimateBet(tm) are
final, binding and conclusive in all matters. All taxes, duties and fees applicable in connection with any money or
prizes awarded to a Player are the Player's sole responsibility. Violation of any UltimateBet(tm) policy or rule or KGC
Regulation may result in suspension or termination of the player's UltimateBet(tm) account.
4. AFFILIATE, BONUS, REFERRAL AND SIMILAR PROMOTIONS
You agree that your participation in any promotional activity including any bonus, affiliate, referral or similar
program wherein your participation in same entitles you to compensation in some manner is in compliance with all
applicable laws in the jurisdictions in which you are located. You hereby agree that any participation in any
promotion is at your own risk and that you are not, nor shall you represent either directly or indirectly that
you have any authority or apparent authority to act on behalf of UltimateBet(tm) or its owners, licensors or
other partners. You also hereby agree to refrain from making any statement regarding the legality of any aspect
of the game or any promotion to any third party. You also agree that any promotional activity is governed by the
terms and conditions contained on the site and that all referrals are required to agree to such terms including
but not limited to the following: YOU AGREE NOT TO USE THE SOFTWARE TO PARTICIPATE IN REAL-MONEY
PLAY AT ULTIMATEBET(tm) EXCEPT WHERE IT IS EXPRESSLY LEGAL TO DO SO. UltimateBet(tm) assumes
no responsibility for the actions by you, the Player. You acknowledge that the games offered by UltimateBet(tm)
may be deemed an illegal activity in certain jurisdictions, and represent that you have made a reasonable inquiry
into the legality of participating in UltimateBet(tm) games wherein you play. You acknowledge that UltimateBet(tm)
is unable to determine where its Software is being used, and that UltimateBet(tm) is therefore relying upon your
representation and express acceptance of this restriction by clicking where indicated, and that you will only use
the Software for real-money play in those locations where it is legal to do so.
5. LIMITED WARRANTY
UltimateBet(tm) does not warrant that your use of the Software will be uninterrupted or that the operation of the
Software will be error-free or secure. UltimateBet(tm) does warrant to Player that the Software will operate for
purposes of normal use for a period sixty (60) days from the date of this Agreement. In the event that this warranty
is breached, UltimateBet's(tm) only obligation under this Agreement and Player's sole remedy is, at UltimateBet's(tm)
option, to either (a) have UltimateBet(tm) replace your Software with new Software supplied by UltimateBet(tm); or
(b) terminate this Agreement and return any fee, if any, you paid to purchase the Software, provided that such fee
will not include any costs resulting from your real-money play.
6. LIMITATION OF LIABILITY
UltimateBet(tm) is not responsible for any losses incurred by you in real-money play. The Software is provided
"AS IS." THERE ARE NO WARRANTIES OF ANY KIND AS TO THE SOFTWARE'S IMPLIED
MERCHANTABILITY OR TO FITNESS FOR A PARTICULAR PURPOSE, EVEN IF ULTIMATEBET(TM) HAS
BEEN ADVISED OF THAT PURPOSE. ULTIMATEBET(TM) WILL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY
TO USE THE SOFTWARE EVEN IF ULTIMATEBET(TM) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. This Agreement will not be governed by the United Nations Convention of Contracts for the International
Sale of Goods, the application of which is expressly excluded.
7. HOLD HARMLESS AND REMEDY
You agree to hold harmless, indemnify and defend UltimateBet(tm), its officers, directors, employees and contractors,
from and against any losses, damages, fines and expenses (including attorneys' fees and costs) resulting from your
violation of any of the terms of this Agreement. You agree to bring any action arising under this Agreement in the
Mohawk Territories of Kahnawake, and waive any right to bring any action, claim, arbitration, or other proceeding in
any other jurisdiction.
8. YOUR REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant to us as follows:
A. You have read and you understand this Agreement.
B. The execution, delivery and performance by you of this Agreement and the consummation by you of the
transactions contemplated hereby will not, with or without the giving of notice, the lapse of time or both, conflict
with or violate:
(i) any provision of law, rule or regulation to which you are subject;
(ii) any order, judgment or decree applicable to you or binding upon your assets or properties; or
(iii) any agreement or other instrument applicable to you or binding upon your assets or properties.
9. SEVERABILITY
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, such
invalidity or unenforceability will not invalidate or render unenforceable any other part of this Agreement, but the
Agreement will be construed as not containing the particular provision or provisions held to be invalid or
unenforceable.
10. NO LIABILITY OF PREDECESSOR PARENT COMPANY OF SOFTWARE PROVIDER
eWorld Holdings Inc. licenses the Software and related intellectual property from a software company (the "Software
Provider") which is owned by Blast Off Limited, a Maltese limited liability company. By accepting the terms of this
Agreement, you agree that the predecessor owner(s) of the Software Provider, and its officers, subsidiaries, parent
companies, affiliates, directors, employees and contractors (together, jointly and severally, the "Released Parties")
are not responsible for any liabilities related to the Software, the player deposits, or your play on this website,
and you therefore irrevocably agree to hold harmless, indemnify and defend the Released Parties from and against any
losses, damages, fines and expenses (including attorneys' fees and costs) of whatever nature. By accepting the terms
of this Agreement, you hereby waive any right to bring any action, claim, arbitration, or other proceeding in any
other jurisdiction against the Released Parties.
Players are reminded to print all transaction data, payment methods and these Terms in order to avoid misconceptions
at a later time.
This document is a legal agreement ("Agreement") between you ("Player") and eWorld Holdings Inc. d/b/a Secure
Services ("Secure Services" or "UltimateBet(tm)"). Read the following terms and conditions before using or installing
any software (the "Software") accompanied by this Agreement.
BY CLICKING THE "I AGREE" BUTTON OR ACCESSING, USING OR INSTALLING ANY PART OF THE
SOFTWARE, PLAYER EXPRESSLY AGREES TO AND CONSENTS TO BE BOUND BY ALL THE TERMS
OF THIS AGREEMENT. If you do not agree to all of the terms of this Agreement you may not access, use or install
any part of the Software.
The URL www.ultimatebet.com (http://www.ultimatebet.com) and the software that operates that URL are exclusively licensed to and operated by
eWorld Holdings Inc. Financial transactions are processed through eWorld Processing Ltd., a subsidiary of eWorld
Holdings Inc.
1. LICENSE AGREEMENT
UltimateBet(tm) grants to Player a non-exclusive license to use the Software, subject to the terms of this Agreement,
for a term of three years from the date of this Agreement. UltimateBet(tm) may modify this Agreement at any time
without notice and Player shall periodically review this Agreement and any other terms and conditions posted at this Web
site at a rate not less than once monthly. Player shall not participate in the Games, open, use or reuse the Software,
enter the Web site, or the cardroom, nor accept any Prize if Player does not fully understand, agree to, become a
party to, and abide by, without exception, all rules, regulations and terms and conditions contained herein and
as such rules, regulations and terms and conditions may change from time-to-time. The term of this Agreement will
be automatically extended for three years from the date you receive any UltimateBet(tm) Software upgrades or
subsequent UltimateBet(tm) Software versions.
2. LICENSE RESTRICTIONS
You may not:
(a) permit other individual(s) to use the Software unless such other individual(s) agree in writing to accept the
terms of this Agreement;
(b) modify, translate, reverse engineer, decompile, disassemble or create derivative works
based upon the Software;
(c) copy the Software;
(d) rent, lease, transfer, sublicense or otherwise transfer rights to the Software;
(e) remove any proprietary notices or labels on the Software, including the code underlying the Software; or
(f) use the Software for any reason other than your private use.
3. LIMITATIONS ON USE
You agree that you will use the Software in a manner that complies with all applicable laws in the jurisdictions in
which you use the Software. To be eligible to play UltimateBet(tm) games for value you must produce evidence of a
kind which has been deemed acceptable by the Kahnawake Gaming Commission (the "KGC") pursuant to its
promulgated regulations ("Regulations"), which may be found at www.kahnawake.com (http://www.kahnawake.com), confirming your: (a) identity;
(b) place of residence; and (c) age. The Regulations provide that no person under the age of eighteen (18) is
permitted to participate in UltimateBet(tm) games. In addition, you must be at least of the minimum age required
to engage in wagering activities in the jurisdiction where you are located. YOU AGREE NOT TO
USE THE SOFTWARE TO PARTICIPATE IN REAL-MONEY PLAY AT ULTIMATEBET(TM) EXCEPT WHERE
IT IS EXPRESSLY LEGAL TO DO SO. UltimateBet(tm) assumes no responsibility for the actions by you,
the Player. You acknowledge that the games offered by UltimateBet(tm) may be deemed an illegal activity in certain
jurisdictions, and represent that you have made a reasonable inquiry into the legality of participating in
UltimateBet(tm) games wherein you play. You acknowledge that UltimateBet(tm) is unable to determine where its
Software is being used, and that UltimateBet(tm) is therefore relying upon your representation and express acceptance
of this restriction by clicking where indicated, and that you will only use the Software for real-money play in those
locations where it is legal to do so.
UltimateBet(tm) is not responsible for claims for losses or damages resulting from real-money play under any condition.
Players are playing against each other and not against UltimateBet(tm). Play at UltimateBet(tm) is at the sole option,
discretion and risk of the Player. Player is also responsible for maintaining the secrecy and security of their account
passwords and other personal security information. UltimateBet(tm) is not responsible for the unauthorized use of
your, the Player's, account or any losses that may result, of such unauthorized use.
UltimateBet(tm) also has the right to hold any and all of a player's funds indefinitely if it is found determined at the sole
discretion of UltimateBet(tm) that the player has been involved in fraudulent activity on UltimateBet(tm).
Fraudulent activity may include, but is not limited to, stolen credit cards, transfer of funds to other player accounts
(chip dumping), forgery, collusion, false representation of age, closure of an account by another online gaming site,
adverse information from a reporting service regarding Player, at the request of an UB affiliate or partner, and at the
request of a governmental agency.
You may only use the Software in accordance with the rules posted on the UltimateBet(tm) site, as may be modified
from time to time. In cases where disputes arise between players, you agree that judgments of UltimateBet(tm) are
final, binding and conclusive in all matters. All taxes, duties and fees applicable in connection with any money or
prizes awarded to a Player are the Player's sole responsibility. Violation of any UltimateBet(tm) policy or rule or KGC
Regulation may result in suspension or termination of the player's UltimateBet(tm) account.
4. AFFILIATE, BONUS, REFERRAL AND SIMILAR PROMOTIONS
You agree that your participation in any promotional activity including any bonus, affiliate, referral or similar
program wherein your participation in same entitles you to compensation in some manner is in compliance with all
applicable laws in the jurisdictions in which you are located. You hereby agree that any participation in any
promotion is at your own risk and that you are not, nor shall you represent either directly or indirectly that
you have any authority or apparent authority to act on behalf of UltimateBet(tm) or its owners, licensors or
other partners. You also hereby agree to refrain from making any statement regarding the legality of any aspect
of the game or any promotion to any third party. You also agree that any promotional activity is governed by the
terms and conditions contained on the site and that all referrals are required to agree to such terms including
but not limited to the following: YOU AGREE NOT TO USE THE SOFTWARE TO PARTICIPATE IN REAL-MONEY
PLAY AT ULTIMATEBET(tm) EXCEPT WHERE IT IS EXPRESSLY LEGAL TO DO SO. UltimateBet(tm) assumes
no responsibility for the actions by you, the Player. You acknowledge that the games offered by UltimateBet(tm)
may be deemed an illegal activity in certain jurisdictions, and represent that you have made a reasonable inquiry
into the legality of participating in UltimateBet(tm) games wherein you play. You acknowledge that UltimateBet(tm)
is unable to determine where its Software is being used, and that UltimateBet(tm) is therefore relying upon your
representation and express acceptance of this restriction by clicking where indicated, and that you will only use
the Software for real-money play in those locations where it is legal to do so.
5. LIMITED WARRANTY
UltimateBet(tm) does not warrant that your use of the Software will be uninterrupted or that the operation of the
Software will be error-free or secure. UltimateBet(tm) does warrant to Player that the Software will operate for
purposes of normal use for a period sixty (60) days from the date of this Agreement. In the event that this warranty
is breached, UltimateBet's(tm) only obligation under this Agreement and Player's sole remedy is, at UltimateBet's(tm)
option, to either (a) have UltimateBet(tm) replace your Software with new Software supplied by UltimateBet(tm); or
(b) terminate this Agreement and return any fee, if any, you paid to purchase the Software, provided that such fee
will not include any costs resulting from your real-money play.
6. LIMITATION OF LIABILITY
UltimateBet(tm) is not responsible for any losses incurred by you in real-money play. The Software is provided
"AS IS." THERE ARE NO WARRANTIES OF ANY KIND AS TO THE SOFTWARE'S IMPLIED
MERCHANTABILITY OR TO FITNESS FOR A PARTICULAR PURPOSE, EVEN IF ULTIMATEBET(TM) HAS
BEEN ADVISED OF THAT PURPOSE. ULTIMATEBET(TM) WILL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY
TO USE THE SOFTWARE EVEN IF ULTIMATEBET(TM) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. This Agreement will not be governed by the United Nations Convention of Contracts for the International
Sale of Goods, the application of which is expressly excluded.
7. HOLD HARMLESS AND REMEDY
You agree to hold harmless, indemnify and defend UltimateBet(tm), its officers, directors, employees and contractors,
from and against any losses, damages, fines and expenses (including attorneys' fees and costs) resulting from your
violation of any of the terms of this Agreement. You agree to bring any action arising under this Agreement in the
Mohawk Territories of Kahnawake, and waive any right to bring any action, claim, arbitration, or other proceeding in
any other jurisdiction.
8. YOUR REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant to us as follows:
A. You have read and you understand this Agreement.
B. The execution, delivery and performance by you of this Agreement and the consummation by you of the
transactions contemplated hereby will not, with or without the giving of notice, the lapse of time or both, conflict
with or violate:
(i) any provision of law, rule or regulation to which you are subject;
(ii) any order, judgment or decree applicable to you or binding upon your assets or properties; or
(iii) any agreement or other instrument applicable to you or binding upon your assets or properties.
9. SEVERABILITY
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, such
invalidity or unenforceability will not invalidate or render unenforceable any other part of this Agreement, but the
Agreement will be construed as not containing the particular provision or provisions held to be invalid or
unenforceable.
10. NO LIABILITY OF PREDECESSOR PARENT COMPANY OF SOFTWARE PROVIDER
eWorld Holdings Inc. licenses the Software and related intellectual property from a software company (the "Software
Provider") which is owned by Blast Off Limited, a Maltese limited liability company. By accepting the terms of this
Agreement, you agree that the predecessor owner(s) of the Software Provider, and its officers, subsidiaries, parent
companies, affiliates, directors, employees and contractors (together, jointly and severally, the "Released Parties")
are not responsible for any liabilities related to the Software, the player deposits, or your play on this website,
and you therefore irrevocably agree to hold harmless, indemnify and defend the Released Parties from and against any
losses, damages, fines and expenses (including attorneys' fees and costs) of whatever nature. By accepting the terms
of this Agreement, you hereby waive any right to bring any action, claim, arbitration, or other proceeding in any
other jurisdiction against the Released Parties.
Players are reminded to print all transaction data, payment methods and these Terms in order to avoid misconceptions
at a later time.