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Terms and Conditions PLEASE
READ CAREFULLY!
Welcome to the Creative Asset Management, Inc., DBA Casino Bonus
Hound, terms and conditions, which apply to your use of the Creative Asset
Management, Inc. Website. By accessing this Website, you agree to be bound by
them.
DEFINITIONS
"Conditions" means these terms and conditions: "Personal
Information" means any personal details provided by you via the Website;
"User(s)" means (a) user(s) of the Website either collectively or
individually, as the context requires; "We/us/our" means Creative
Asset Management, Inc., "Website" means the website located at
www.casinobonushound.com or any subsequent URL which may replace it; and
"You/your" means you as a user of the Website.
1 ACCESS
We will provide you with access to the Website in accordance with these
Conditions.
2 YOUR OBLIGATIONS
2.1 You: 2.1.1 agree not to use the Website (or any part of) for any illegal
purpose and agree to use it in accordance with all relevant laws; 2.1.2 agree
not to upload or transmit through the Website any computer viruses, macro
viruses, trojan horses, worms or anything else designed to interfere with,
interrupt or disrupt the normal operating procedures of a computer; 2.1.3 will
not upload or transmit through the Website any material which is defamatory,
offensive, or of an obscene or menacing character, or that may cause annoyance,
inconvenience or needless anxiety; 2.1.4 will not use the Website in a way that
may cause the Website to be interrupted, damaged, rendered less efficient or
such that the effectiveness or functionality of the Website is in any way
impaired; 2.1.5 will not use the Website in any manner which violates or
infringes the rights of any person, firm or company (including, but not limited
to, rights of intellectual property, rights of confidentiality or rights of
privacy); 2.1.6 agree that in the event that you have any right, claim or action
against any Users arising out of that User's use of the Website, then you will
pursue such right, claim or action independently of and without recourse to us.
3 INDEMNITY
3.1 You agree to be fully responsible for (and fully indemnify us against) all
claims, liability, damages, losses, costs and expenses, including legal fees,
suffered by us and arising out of any breach of the Conditions by you or any
other liabilities arising out of your use of the Website, or the use by any
other person accessing the Website using your PC or internet access account.
4 OUR RIGHTS
4.1 We reserve the right to: 4.1.1 modify or withdraw, temporarily or
permanently, the Website (or any part of) with or without notice to you and you
confirm that we shall not be liable to you or any third party for any
modification to or withdrawal of the Website; and/or 4.1.2 change these
Conditions from time to time, and your continued use of the Website (or any part
of) following such change shall be deemed to be your acceptance of such change.
It is your responsibility to check regularly to determine whether the Conditions
have been changed. If you do not agree to any change to the Conditions then you
must immediately stop using the Website. 4.2 We will use our reasonable
endeavours to maintain the Website. The Website is subject to change from time
to time. You will not be eligible for any compensation because you cannot use
any part of the Website or because of a failure, suspension or withdrawal of all
or part of the Website due to circumstances beyond our control.
5 THIRD PARTY LINKS
In an attempt to provide increased value to our Users, we may provide links to
other websites or resources. You acknowledge and agree that we are not
responsible for the availability of such external sites or resources, and do not
endorse and are not responsible or liable, directly or indirectly, for the
privacy practices or the content (including misrepresentative or defamatory
content) of such websites, including (without limitation) any advertising,
products or other materials or services on or available from such websites or
resources, nor for any damage, loss or offence caused or alleged to be caused
by, or in connection with, the use of or reliance on any such content, goods or
services available on such external sites or resources.
6 MONITORING
We have the right, but not the obligation, to monitor any activity and content
associated with the Website. We may investigate any reported violation of these
Conditions or complaints and take any action that we deem appropriate (which may
include, but is not limited to, issuing warnings, suspending, terminating or
attaching conditions to your access and/or removing any materials from the
Website).
7 YOUR DATA
7.1 We respect your personal information and undertake to comply with
applicable USA Data Protection legislation from time to time in place. 7.2 You
should be aware that: 7.2.1 if we are requested by the police or any regulatory
or government authority investigating suspected illegal activities, or upon
receipt of a court order, to provide your Personal Information and/or
information concerning your activities whilst using the Website we shall do so;
and 7.3 We reserve the right in our reasonable discretion to disclose details of
your use of the Website in relation to any, or any threatened, Court Proceedings
in connection with your use, or the use of anyone under your control, of the
Website whether in connection with the matters set out in these Conditions or
otherwise. 7.4 Please view our Privacy Policy, which forms part of these
Conditions.
8 INTELLECTUAL PROPERTY AND RIGHT TO USE
8.1 You acknowledge and agree that all copyright, trademarks and all other
intellectual property rights in all material or content supplied as part of the
Website shall remain at all times vested in us or our licensors. You are
permitted to use this material only as expressly authorised by us. 8.2 The
Website is Copyright, Creative Asset Management, Inc., 2003. All rights
reserved.
9. NOTICES
9.1 You may send us notices under or in connection with these Conditions: 9.1.1
by post to 133 East 17th st, 6B New York, NY 10003; 9.1.2 by email to phanson35@nyc.rr.com
9.2 As proof of sending does not guarantee our receipt of your notice, you must
ensure that you have received an acknowledgement from us, which will be sent
within 3 working days of our receipt and should be retained by you.
10. LIMITATION OF LIABILITY
10.1 WHILE WE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF ANY
INFORMATION WE PLACE ON THE WEBSITE, WE MAKE NO WARRANTIES, WHETHER EXPRESS OR
IMPLIED IN RELATION TO ITS ACCURACY. 10.2 The Website is provided on an "as
is" and "as available" basis without any representation or
endorsement. Unless specified in separate terms and conditions related to a
particular product or service, we make no warranties of any kind, whether
express or implied, in relation to the Website, or products or services offered
on the Website whether by us or on our behalf (including software or e-book
downloads) including but not limited to, implied warranties of satisfactory
quality, fitness for a particular purpose, non-infringement, compatibility,
security, accuracy, condition or completeness, or any implied warranty arising
from course of dealing or usage or trade. 10.3 Unless specified in separate
terms and conditions related to a particular product or service, we make no
warranty that the Website or products or services offered on the Website whether
by us or on our behalf (including free software downloads) will meet your
requirements or will be uninterrupted, timely, secure or error-free, that
defects will be corrected, or that the Website or the server that makes it
available or products or services offered on the Website whether by us or on our
behalf (including free software downloads) are free of viruses or bugs or are
fully functional, accurate, or reliable. We will not be responsible or liable to
you for any loss of content or material as a result of uploading to or
downloading from the Website. 10.4 Notwithstanding any other provision in the
Conditions, nothing shall limit your rights as a consumer under USA law. 10.5
You acknowledge that we cannot guarantee and therefore shall not be in any way
responsible for the security or privacy of the Website and any information
provided to or taken from the Website by you. 10.6 We will not be liable in
contract, tort or otherwise if you incur loss or damage connecting to the
Website through a third party's hyper-text link. 10.7 We will not be liable, in
contract, tort (including, without limitation, negligence), pre-contract or
other representations (other than fraudulent misrepresentations) or otherwise
out of or in connection with the Website or products or services offered on the
Website whether by us or on our behalf (including free software downloads) for:
10.7.1 any economic losses (including without limitation loss of revenues,
profits, contracts, business or anticipated savings); or 10.7.2 any loss of
goodwill or reputation; or 10.7.3 any special or indirect or consequential
losses; in any case whether or not such losses were within the contemplation of
either of us at the date on which the event giving rise to the loss occurred.
10.8 Nothing in the Conditions shall exclude or limit our liability for death or
personal injury resulting from our negligence or that of our servants, agents or
employees.
11 SEVERANCE
If any part of the Conditions shall be deemed unlawful, void or for any reason
unenforceable, then that provision shall be deemed to be severable from these
Conditions and shall not effect the validity and enforceability of any of the
remaining provisions of the Conditions.
12 WAIVER
Nothing shall be construed as a waiver by us of any preceding or succeeding
breach of any provision.
13 SURVIVAL
Each provision of these Conditions shall be construed as separately applying
and surviving even if for any reason one or other of those provisions is held to
be inapplicable or unenforceable in any circumstances.
14 ENTIRE AGREEMENT
These Conditions (as amended from time to time) contain the entire agreement
between you and us relating to the subject matter covered and supersede any
previous agreements, arrangements, undertakings or proposals, written or oral,
between you and us in relation to such matters. No oral explanation or oral
information given by either of us shall alter the interpretation of these
Conditions. You confirm that, in agreeing to accept these Conditions, you have
not relied on any representation save insofar as the same has expressly been
made a representation in these Conditions and you agree that you shall have no
remedy in respect of any misrepresentation which has not become a term of these
Conditions save that your agreement contained in this Clause shall not apply in
respect of any fraudulent misrepresentation whether or not such has become a
term of these Conditions.
15 LAW
The Conditions will be exclusively governed by and construed in accordance with
the laws of the state of New York, USA whose Courts will have exclusive
jurisdiction in any dispute, save that we have the right, at our sole
discretion, to commence and pursue proceedings in alternative jurisdictions.
