By and between Just For Fun Software Limited, who henceforth shall be referred to as "PlugInBingo", and their game hosting customer, who henceforth
shall be referred to as "Customer". The parties agree to the following, which
shall apply throughout the term of this agreement:
1. DEFINITIONS
A. "Plans" shall refer to the services offered by PlugInBingo, as listed online at
http://www.PlugInBingo.com/.
B.
"Customer", as mentioned above, shall refer to the end user who is utilizing the
online game hosting services provided by Just For Fun Software Limited.
2. PRICES
All prices for Plans provided by PlugInBingo to its
Customers are in U.S. Dollars. Customers must pay for services provided by PlugInBingo
in U.S. Dollars.
3. ORDER ACCEPTANCE AND PAYMENT
A. All orders are subject to
acceptance by PlugInBingo. An order will be deemed accepted when written
(e-mail) confirmation of the order is sent to the Customer. PlugInBingo may
refuse to accept, or delay for any period of time, any order for any
reason.
B. Payment and Terms: Payment shall be made to PlugInBingo in U.S.
dollars only. Payments are due upon account activation and future account
renewal, and may be made through the use of a valid PayPal account.
PayPal subscription payments will occur automatically until Customer requests cessation
of service. Should payment in full of any invoice (aside
from the shortfalls mentioned above) not be received by PlugInBingo after account activation or renewal, PlugInBingo may
discontinue, withhold, or suspend services to the Customer.
C. Cancellations
of service can not be made without the correct account password.
D. Should any Customer
attempt a chargeback for services knowingly purchased from PlugInBingo, PlugInBingo
shall immediately shut off services for that Customer and will
pursue full legal recourse against the Customer to recoup any and all losses.
E. Setup fees, for any services or Plans, are not
refundable, regardless of the length of time the service or Plan is used by the
Customer.
F. PlugInBingo is not
responsible for the Customer’s failure to use the services/Plans offered by PlugInBingo. The Customer has the right to cancel the services/Plans they have
purchased at any time.
4. LIMITATION OF PlugInBingo's OBLIGATIONS AND LIABILITY
A. PlugInBingo
will utilize its best efforts to maintain acceptable performance of
services contracted for, but PlugInBingo makes absolutely no warranties
whatsoever, express or implied, including warranty of merchantability or fitness
for a particular purpose. PlugInBingo cannot guarantee continuous service,
service at any particular time, or integrity of data stored or transmitted via
its system or via the Internet. PlugInBingo will not be liable for the
inadvertent disclosure of, or corruption or erasure of, data transmitted or
received or stored on its system. PlugInBingo shall not be liable to Customer
for any claims or damages which may be suffered by Customer, including, but not
limited to, losses or damages of any and every nature, resulting from the loss
of data, inability to access Internet, or inability to transmit or receive
information, caused by, or resulting from, delays, nondeliveries, or service
interuptions whether or not caused by the fault or negligence of PlugInBingo.
B. PlugInBingo may discontinue servicing any Plan, or may require
fulfillment of conditions PlugInBingo may choose to impose as a prerequisite for
continuing to service any Plan. PlugInBingo agrees to provide Customer with
reasonable notice via e-mail or fax of any such intent to discontinue or impose
conditions unless it is determined that such notice would cause harm to PlugInBingo. The following activities are specifically not allowed by
PlugInBingo and will result in IMMEDIATE account termination: Adding HATE content to websites, participation in
undirected bulk e-mail delivery (SPAMMING) either through the use of our mail servers or not, or adding any content promoting or participating in ILLEGAL activities.
C. PlugInBingo's liability to Customer, and any end user of any Plan or other
PlugInBingo services is limited to the amount paid to and received by PlugInBingo
for services not accepted. In no event shall PlugInBingo be liable
to Customer, or any end user or any other entity for any special, consequential,
or other damages, however caused, whether for breach of contract, negligence or
otherwise, even if PlugInBingo has been advised of the possibility of such
damage.
D. Customer will take all necessary measures to preclude PlugInBingo
from being made a party to any lawsuit or claim regarding PlugInBingo services
provided to any Customer or end user. Customer hereby agrees to indemnify and
hold harmless PlugInBingo from any and all claims of whatever nature brought by
any of Customer's customers against PlugInBingo in excess of the remedy set
forth in paragraph 5(C).
5. PROPERTY RIGHTS
PlugInBingo owns all rights, titles and
interests in PlugInBingo's trade names, service marks, inventions, copyrights,
trade secrets, patents, and know-how relating to the design, function, or
operation of Plans and of the hardware and software systems and resources
necessary to provide the individual service elements of which they consist. This
agreement does not constitute a license to Customer to use PlugInBingo's trade
names or service marks. The use by Customer of the other property rights
mentioned here is authorized only for the purposes of marketing and selling
Plans.
6. CONFIDENTIALITY
Customer acknowledges that by reason of its
relationship with PlugInBingo hereunder, it may have access to certain
information and materials relating to PlugInBingo's business, plans, customers,
software, and marketing strategies that is confidential and of substantial value
to PlugInBingo, which value would be impaired if such information were disclosed
to third parties. Customer agrees that it will not use in any way for its own
account nor for the account of any third party, nor disclose to any third party,
any such information revealed to it by PlugInBingo. Customer further agrees that
it will take every reasonable precaution to protect the confidentiality of such
information. In the event of termination of this agreement, there shall be no
use or disclosure by the Customer of any such confidential information in its
possession, and all confidential materials shall be returned to PlugInBingo or
destroyed. The provisions of this section shall survive the termination of the
agreement for any reason. Upon any breach or threatened breach of this section, PlugInBingo
shall be entitled to injunctive relief, which relief shall not be
contested by Customer.
7. RELATIONSHIP OF THE PARTIES
The relationship between PlugInBingo
and Customer is that of vendor and vendee. They shall not be construed as being
joint ventures, franchiser/franchisee, or employer/employee. This agreement is a
commercial agreement between businesses, not a consumer agreement. Customer has
no authority, apparent or otherwise, to contract for or on behalf of PlugInBingo, or in any other way legally bind
PlugInBingo in any fashion, nor
shall Customer be authorized to make any representations about PlugInBingo or
its services other than to set forth PlugInBingo's responsibilities as outlined
in this agreement.
8. APPLICABLE LAW, JURISDICTIONAL MATTERS
This agreement takes
effect when accepted by PlugInBingo in Ontario. It is to be governed by and
construed under the laws of the Province of Ontario and Canada. The federal and
provincial courts of Ontario shall have
exclusive jurisdiction to adjudicate any non-arbitrable dispute arising out of
this agreement. Customer hereby expressly consents to the jurisdiction of
the courts of Ontario. To the extent permissible by the law of Customer's jurisdiction,
Customer waives any requirement that service of process or of any documents be
made upon it pursuant to the provisions of the Hague Convention.
9. ENTIRE AGREEMENT; MODIFICATIONS
This agreement sets forth the
entire agreement and understanding between the parties and merges all prior
discussion between them. PlugInBingo may make changes to this agreement upon
thirty (30) days' written notice to Customer, advising of the change and the
effective date thereof. Utilization of PlugInBingo services by Customer and/or
its Customers following the effective date of such change shall constitute
acceptance by Customer of such change(s). Otherwise, this agreement may not be
modified except by the of written consent of both parties.
10. ACCEPTANCE OF TERMS
BY
CLICKING ON THE LINK BELOW, AND REGISTERING FOR AND USING THE
SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE
BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AS WELL AS ALL POLICIES AND
GUIDELINES INCORPORATED BY REFERENCE.