FreeBlockPool.com (FBP) provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.freeblockpool.com/terms.html. In addition, when using particular FBP services, you and FBP shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
FBP will make every reasonable effort to provide access on demand to members and Pool managers. We cannot, however, guarantee perfect access at all times. Such occurrences as extremely high website traffic, power outage, natural disasters, changes in law, etc. may from time to time prevent access to FBP from all or part of the World Wide Web. FBP will make every commercially reasonable effort to restore access as soon as possible in the event its own services are disrupted. FBP will not accept responsibility for any consequences resulting from disruptions in service. FBP has made every reasonable effort to compose software and programs that are compatible with the browsers and operating systems now generally in use on the Internet, and every reasonable effort to ensure these programs are free of defects. FBP will not accept responsibility for any consequences resulting from incompatibility between its software and programs and those of any Members, Pool Managers or users.
FBP provides its services for the purposes of private amusement and entertainment only. FBP does not promote the conduct of unlicensed, illegal or professional gambling, and will not condone the use of its facilities for any such purpose.
If your pool costs money to join and awards prizes, it may be considered illegal gambling in some juristictions. It is your responsibility to determine that your pool is legal in the juristictions of every participant. If your pool is not legal for every participant, then you may not use FBP to host your pool. BY ACCEPTING THIS AGREEMENT YOU ACKNOWLEGE THAT Y0UR POOL IS LEGAL FOR EVERY PARTICIPANT IN EVERY JURISTICTION THEY PARTICIPATE FROM.
Members and Pool Managers have a limited license to access and use the software that comprises the pools for which they have registered and paid. No one may reproduce, copy, or redistribute, whole or in part, any of the software that constitutes the FBP service functions. No rights of any kind in any of FBP's software, programs or other property shall accrue to any user, Member or Pool Manager.
Private Pool Managers are solely and exclusively responsible for timely and correct updating and information entry into their respective Private Pools. If the pool has a prize, it is the sole responsibility of the individual pool manager to award that prize correctly. FBP will not accept any responsibility for errors, omission, negligence or wrongful acts by any Private Pool Manager in the administration of pools, awarding of prizes, or for any other damages, direct or consequential, arising from participation in a Private Pool.
To register on FBP you need to enter an email address, username and password, and you need to agree to this Terms Of Service. Since we use your email address to look up your account information, and to send you passwords and other information about the site, you should be sure to use a valid email address when registering. You should also keep your email address up to date using the My Info page. If you use an invalid email address, you may find it difficult to retreive your password and get customer service.
FBP will never share your email address, or other information about you, with any other website or company without your expressed consent.
If any provision of this TOS or any document incorporated by reference is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of such documents remain in full force and effect.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES, PARENT COMPANIES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.