TERMS & CONDITIONS BlackJack
Trainer
Last updated June 4th,
2019
PLEASE
READ THESE TERMS AND CONDITIONS CAREFULLY
These Terms and Conditions constitute a legally
binding agreement made between you, whether personally or on behalf of an
entity (“you”) and ‘Hornetventures GmbH’, concerning
your access to and use of the mobile apps or the website of HornetVentures
GmbH as well as any other media form, media channel, mobile website or mobile
application related, linked, or otherwise connected thereto (collectively, the
“Site”). You agree that by accessing the Site, you have read, understood, and
agree to be bound by all of these Terms and Conditions
Use. IF YOU DO NOT AGREE WITH ALL OF
THESE TERMS and CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE
SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents
that may be posted on the Site from time to time are hereby expressly
incorporated herein by reference. We reserve the right, in our sole discretion,
to make changes or modifications to these Terms and Conditions at any time and
for any reason. We will alert you about
any changes by updating the “Last updated” date of these Terms and Conditions
and you waive any right to receive specific notice of each such change. It is your responsibility to periodically
review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to
have been made aware of and to have accepted, the changes in any revised Terms
and Conditions by your continued use of the Site after the date such revised
Terms are posted.
The information provided on the Site is not
intended for distribution to or use by any person or entity in any jurisdiction
or country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirement within
such jurisdiction or country. Accordingly, those persons who choose to access
the Site from other locations do so on their own initiative and are solely
responsible for compliance with local laws, if and to the extent local laws are
applicable.
All users who are minors in the jurisdiction in
which they reside (generally under the age of 18) must have the permission of,
and be directly supervised by, their parent or guardian to use the Site. If you
are a minor, you must have your parent or guardian read and agree to these
Terms of Use prior to you using the Site.
Unless otherwise indicated, the Site is our
proprietary property and all source code, databases, functionality, software,
website designs, audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks, service marks, and logos
contained therein (the “Marks”) are owned or controlled by us or licensed to
us, and are protected by copyright and trademark laws and various other
intellectual property rights and unfair competition laws of the United States,
foreign jurisdictions, and international conventions. The Content and the Marks are provided on the
Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms
of Use, no part of the Site and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
Provided that you are eligible to use the Site,
you are granted a limited license to access and use the Site and to download or
print a copy of any portion of the Content to which you have properly gained
access solely for your personal, non-commercial use. We reserve all rights not
expressly granted to you in and to the Site, Content and the Marks.
By using the Site, you represent and warrant
that: [(1) all registration information you submit will be true, accurate,
current, and complete; (2) you will
maintain the accuracy of such information and promptly update such registration
information as necessary;] (3) you
have the legal capacity and you agree to comply with these Terms of Use; [(4)
you are not under the age of 13;] (5) not a minor in the jurisdiction in which
you reside[, or if a minor, you have received parental permission to use the
Site]; (6) you will not access the Site through automated or non-human means,
whether through a bot, script or otherwise; (7) you will not use the Site for any
illegal or unauthorized purpose; and (8)
your use of the Site will not violate any applicable law or regulation.
You may not access or use the Site for any
purpose other than that for which we make the Site available. The Site may not
be used in connection with any commercial endeavors except those that are
specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1. systematically retrieve data or other content
from the Site to create or compile, directly or indirectly, a collection,
compilation, database, or directory without written permission from us.
2. make any unauthorized use of the Site, including
collecting usernames and/or email addresses of users by electronic or other
means for the purpose of sending unsolicited email, or creating user accounts
by automated means or under false pretenses.
3. use a buying agent or purchasing agent to make
purchases on the Site.
4. use the Site to advertise or offer to sell goods
and services.
5. circumvent, disable, or otherwise interfere with
security-related features of the Site, including features that prevent or
restrict the use or copying of any Content or enforce limitations on the use of
the Site and/or the Content contained therein.
6. engage in unauthorized framing of or linking to
the Site.
7. trick, defraud, or mislead us and other users,
especially in any attempt to learn sensitive account information such as user
passwords;
8. make improper use of our support services or
submit false reports of abuse or misconduct.
9. engage in any automated use of the system, such
as using scripts to send comments or messages, or using any data mining,
robots, or similar data gathering and extraction tools.
10. interfere with, disrupt, or create an undue
burden on the Site or the networks or services connected to the Site.
11. attempt to impersonate another user or person or
use the username of another user.
12. sell or otherwise transfer your profile.
13. use any information obtained from the Site in
order to harass, abuse, or harm another person.
14. use the Site as part of any effort to compete
with us or otherwise use the Site and/or the Content for any revenue-generating
endeavor or commercial enterprise.
15. decipher, decompile, disassemble, or reverse
engineer any of the software comprising or in any way making up a part of the
Site.
16. attempt to bypass any measures of the Site
designed to prevent or restrict access to the Site, or any portion of the Site.
17. harass, annoy, intimidate, or threaten any of
our employees or agents engaged in providing any portion of the Site to you.
18. delete the copyright or other proprietary rights
notice from any Content.
19. copy or adapt the Site’s software, including but
not limited to Flash, PHP, HTML, JavaScript, or other code.
20. upload or transmit (or attempt to upload or to
transmit) viruses, Trojan horses, or other material, including excessive use of
capital letters and spamming (continuous posting of repetitive text), that
interferes with any party’s uninterrupted use and enjoyment of the Site or
modifies, impairs, disrupts, alters, or interferes with the use, features,
functions, operation, or maintenance of the Site.
21. upload or transmit (or attempt to upload or to
transmit) any material that acts as a passive or active information collection
or transmission mechanism, including without limitation, clear graphics
interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar
devices (sometimes referred to as “spyware” or “passive collection mechanisms”
or “pcms”).
22. except as may be the result of standard search
engine or Internet browser usage, use, launch, develop, or distribute any
automated system, including without limitation, any spider, robot, cheat
utility, scraper, or offline reader that accesses the Site, or using or
launching any unauthorized script or other software.
23. disparage, tarnish, or otherwise harm, in our
opinion, us and/or the Site.
24. use the Site in a manner inconsistent with any
applicable laws or regulations.
By posting your Contributions to any part of the
Site [or making Contributions accessible to the Site by linking your account
from the Site to any of your social networking accounts], you automatically
grant, and you represent and warrant that you have the right to grant, to us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and license to host, use, copy,
reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store,
cache, publicly perform, publicly display, reformat, translate, transmit,
excerpt (in whole or in part), and distribute such Contributions (including,
without limitation, your image and voice) for any purpose, commercial,
advertising, or otherwise, and to prepare derivative works of, or incorporate
into other works, such Contributions, and grant and authorize sublicenses of
the foregoing. The use and distribution may occur in any media formats and
through any media channels.
This license will apply to any form, media, or
technology now known or hereafter developed, and includes our use of your name,
company name, and franchise name, as applicable, and any of the trademarks,
service marks, trade names, logos, and personal and commercial images you
provide. You waive all moral rights in
your Contributions, and you warrant that moral rights have not otherwise been
asserted in your Contributions.
We do not assert any ownership over your
Contributions. You retain full ownership
of all of your Contributions and any intellectual property rights
or other proprietary rights associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on the
Site. You are solely responsible for
your Contributions to the Site and you expressly agree to exonerate us from any
and all responsibility and to refrain from any legal action against us
regarding your Contributions.
We have the right, in our sole and absolute
discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to
re-categorize any Contributions to place them in more appropriate locations on
the Site; and (3) to pre-screen or delete any Contributions at any time and for
any reason, without notice. We have no obligation to monitor your
Contributions.
We may provide you areas on the Site to leave
reviews or ratings. When posting a review, you must comply with the following
criteria: (1) you should have firsthand experience with the person/entity being
reviewed; (2) your reviews should not contain offensive profanity, or abusive,
racist, offensive, or hate language; (3) your reviews should not contain
discriminatory references based on religion, race, gender, national origin, age,
marital status, sexual orientation, or disability; (4) your reviews should not
contain references to illegal activity; (5) you should not be affiliated with
competitors if posting negative reviews; (6) you should not make any
conclusions as to the legality of conduct; (7) you may not post any false or
misleading statements; and (8) you may not organize a campaign encouraging
others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our
sole discretion. We have absolutely no obligation to screen reviews or to
delete reviews, even if anyone considers reviews objectionable or
inaccurate. Reviews are not endorsed by
us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or
for any claims, liabilities, or losses resulting from any review. By posting a
review, you hereby grant to us a perpetual, non-exclusive, worldwide,
royalty-free, fully-paid, assignable, and sublicensable right and license to
reproduce, modify, translate, transmit by any means, display, perform, and/or
distribute all content relating to reviews.
If you access the Site via a mobile application,
then we grant you a revocable, non-exclusive, non-transferable, limited right
to install and use the mobile application on wireless electronic devices owned
or controlled by you, and to access and use the mobile application on such
devices strictly in accordance with the terms and conditions of this mobile
application license contained in these Terms of Use. You shall not: (1)
decompile, reverse engineer, disassemble, attempt to derive the source code of,
or decrypt the application; (2) make any modification, adaptation, improvement,
enhancement, translation, or derivative work from the application; (3) violate
any applicable laws, rules, or regulations in connection with your access or
use of the application; (4) remove, alter, or obscure any proprietary notice
(including any notice of copyright or trademark) posted by us or the licensors
of the application; (5) use the application for any revenue generating
endeavor, commercial enterprise, or other purpose for which it is not designed
or intended; (6) make the application available over a network or other
environment permitting access or use by multiple devices or users at the same
time; (7) use the application for creating a product, service, or software that
is, directly or indirectly, competitive with or in any way a substitute for the
application; (8) use the application to send automated queries to any website
or to send any unsolicited commercial e-mail; or (9) use any proprietary
information or any of our interfaces or our other intellectual property in the
design, development, manufacture, licensing, or distribution of any
applications, accessories, or devices for use with the application.
The following terms apply when you use a mobile
application obtained from either the Apple Store or Google Play (each an “App
Distributor”) to access the Site: (1) the license granted to you for our mobile
application is limited to a non-transferable license to use the application on
a device that utilizes the Apple iOS or Android operating systems, as
applicable, and in accordance with the usage rules set forth in the applicable
App Distributor’s terms of service; (2) we are responsible for providing any
maintenance and support services with respect to the mobile application as
specified in the terms and conditions of this mobile application license
contained in these Terms of Use or as otherwise required under applicable law,
and you acknowledge that each App Distributor has no obligation whatsoever to
furnish any maintenance and support services with respect to the mobile
application; (3) in the event of any failure of the mobile application to
conform to any applicable warranty, you may notify the applicable App
Distributor, and the App Distributor, in accordance with its terms and
policies, may refund the purchase price, if any, paid for the mobile
application, and to the maximum extent permitted by applicable law, the App
Distributor will have no other warranty obligation whatsoever with respect to
the mobile application; (4) you represent and warrant that (i)
you are not located in a country that is subject to a U.S. government embargo,
or that has been designated by the U.S. government as a “terrorist supporting”
country and (ii) you are not listed on any U.S. government list of prohibited
or restricted parties; (5) you must comply with applicable third-party terms of
agreement when using the mobile application, e.g., if you have a VoIP
application, then you must not be in violation of their wireless data service
agreement when using the mobile application; and (6) you acknowledge and agree
that the App Distributors are third-party beneficiaries of the terms and
conditions in this mobile application license contained in these Terms of Use,
and that each App Distributor will have the right (and will be deemed to have
accepted the right) to enforce the terms and conditions in this mobile
application license contained in these Terms of Use against you as a
third-party beneficiary thereof.
These Terms of Use shall remain in full force
and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF
THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING
CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING
WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT
CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE [YOUR ACCOUNT AND]
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR
SOLE DISCRETION.
We reserve the right to change, modify, or
remove the contents of the Site at any time or for any reason at our sole
discretion without notice. However, we
have no obligation to update any information on our Site. We also reserve the right to modify or
discontinue all or part of the Site without notice at any time. We will not be liable to you or any third
party for any modification, price change, suspension, or discontinuance of the
Site.
We cannot guarantee the Site will
be available at all times. We may
experience hardware, software, or other problems or need to perform maintenance
related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise,
update, suspend, discontinue, or otherwise modify the Site at any time or for
any reason without notice to you. You
agree that we have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use the Site during any
downtime or discontinuance of the Site.
Nothing in these Terms of Use will be construed to obligate us to
maintain and support the Site or to supply any corrections, updates, or
releases in connection therewith.
These Terms of Use and your use of the Site are
governed by and construed in accordance with the laws of Austria applicable to
agreements made anywhere, without regard to its conflict of law
principles.
There may be information on the Site that contains
typographical errors, inaccuracies, or omissions that may relate to the Site,
including descriptions, pricing, availability, and various other
information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update the
information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND
AS-AVAILABLE BASIS. YOU AGREE THAT YOUR
USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION
WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY
OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO
THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE,
(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO
OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN
ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY
THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR
IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE
YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES,
OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING
LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE
OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
[NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO
YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT
ALL TIMES BE LIMITED TO [THE LESSER OF] [THE AMOUNT PAID, IF ANY, BY YOU TO US
DURING THE [_________] MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING [OR]
[$_________]. CERTAIN STATE LAWS DO NOT
ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.]
You agree to defend, indemnify, and hold us
harmless, including our subsidiaries, affiliates, and all of our respective
officers, agents, partners, and employees, from and against any loss, damage,
liability, claim, or demand, including reasonable attorneys’ fees and expenses,
made by any third party due to or arising out of: (1) [your Contributions]; (2)
use of the Site; (3) breach of these
Terms of Use; (4) any breach of your representations and warranties set forth
in these Terms of Use; (5) your violation of the rights of a third party,
including but not limited to intellectual property rights; or (6) any overt
harmful act toward any other user of the Site with whom you connected via the
Site. Notwithstanding the foregoing, we reserve the right, at your expense, to
assume the exclusive defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your expense, with our
defense of such claims. We will use reasonable efforts to notify you of any
such claim, action, or proceeding which is subject to this indemnification upon
becoming aware of it.
These Terms of Use and any policies or operating
rules posted by us on the Site constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any right
or provision of these Terms of Use shall not operate as a waiver of such right
or provision. These Terms of Use operate to the fullest extent permissible by law. We may
assign any or all of our rights and obligations to
others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act caused by
any cause beyond our reasonable control. If any provision or part of a
provision of these Terms of Use is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from
these Terms of Use and does not affect the validity and enforceability of any
remaining provisions. There is no joint venture, partnership, employment or
agency relationship created between you and us as a result of these Terms of
Use or use of the Site. You agree that
these Terms of Use will not be construed against us by virtue of having drafted
them. You hereby waive any and all defenses you may have based on the electronic
form of these Terms of Use and the lack of signing by the parties hereto to
execute these Terms of Use.
In order to resolve a complaint regarding the
Site or to receive further information regarding use of the Site, please
contact us at:
Hornet Ventures GmbH
Hohe Strasse 79a, 4040
Linz, Austria
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