This Web site, www.lancasterbingo.com (the “Site”), is provided by The Lancaster Bingo Company, Inc. (“LBC”). The term “you,” “your” or “yourself” shall refer to the user who is browsing this Site.
PLEASE READ THESE TERMS AND CONDITIONS OF USE OF THIS SITE (THE “TERMS”) CAREFULLY BEFORE USING THIS SITE. THEY GOVERN YOUR ACCESS AND USE OF THIS SITE. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS CONCERNING YOUR USE OF THE SITE. IF YOU DO NOT AGREE WITH OR DO NOT ACCEPT ANY OF THE TERMS, PLEASE EXIT THE SITE IMMEDIATELY AND REFRAIN FROM ANY FURTHER ACCESS AND USE OF THIS SITE.
YOU ARE RESPONSIBLE FOR ENSURING THAT OTHER PARTIES THAT HAVE ACCESS TO THE SITE, “SITE CONTENT” (DEFINED HEREIN) OR “SITE CODE” (DEFINED HEREIN) THROUGH YOUR SYSTEM OR WITH YOUR PERMISSION AGREE TO THESE TERMS.
LBC reserves the right, at its sole discretion and without advance notice, to change, modify, add or remove all or any portion of this Site or the Terms set forth herein and all policies and guidelines incorporated herein by reference, at any time. Changes to the Terms shall be immediately effective when posted to this Site. YOUR ACCESS TO AND CONTINUED USE OF THE SITE AFTER ANY CHANGES ARE POSTED SHALL CONSTITUTE ACCEPTANCE OF THOSE CHANGES.
You agree that LBC may at any time, terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site or the Site Content, and/or at any time. LBC may also impose limits on certain features and services or restrict your access to parts or all of the Site or Site Content without notice to you or liability on the part of LBC. You agree that LBC may at any time, terminate the authorization, rights and license granted herein, including your right to access the Site and Site Content and any accounts that you may have in connection with this Site, and, upon such termination, you shall immediately destroy all material and information gained from your access to the Site or others’ use of the Site who gain access through your system or to whom you have provided access to Site Content. Access to this Site may be monitored by LBC
The provisions in the Terms regarding ownership of Site Content and Site Code, confidentiality, the disclaimer of warranty, limitation of liability and indemnification shall survive such termination.
All Site Content and Site Code is the exclusive property of LBC. All trademarks, service marks, trade names, trade dress, copyrights, patent rights and other proprietary rights in, associated with or utilized on the Site, the Site Content or Site Code are the properties of LBC or its licensors. The names of other companies and products mentioned herein may be the trademarks of their respective owners. Nothing in these Terms or any Site Content shall convey to you an ownership interest in any trademarks, service marks, trade names, trade dress, copyrights, patent rights and other proprietary rights in the Site or any Site Content or Site Code.
“Site Content” means any data, software, text, information, material, statements and images, as well as graphics, interactive features, video and audio, if any, displayed and/or used on this Site. “Site Code” refers to any and all underlying elements of the Site, including, but not limited to, any source code, object code and other sets of statements or instructions that relate to the operation or functions of the Site.
Subject to the terms and conditions set forth herein and subject to your compliance with the Terms, LBC grants you a non-exclusive, non-transferable, terminable, limited right to access, use and display this Site and Site Content for informational purposes only. LBC authorizes you to view and download Site Content only for your personal, non-commercial use. LBC hereby expressly permits registered customers of LBC to use the transactional portions of this Site to download and print from this Site, solely for purposes of transacting with LBC, copies of any transactional (including tracking) information set forth on the transactional portions of the Site that pertain to transactions made by you.
You agree (a) not to copy, reproduce, republish, upload, create derivative works, post, transmit or distribute (or facilitate someone else in copying, reproducing, uploading, creating derivative works, posting, transmitting or distributing) any Site Content or Site Code to any one for any purpose; (b) not to alter Site Content or Site Code in any manner or use such Site Content or Site Code in a manner not authorized by the Terms; (c) not to interrupt or attempt to interrupt the operation of the Site in any way; (d) not to place any Site Content or Site Code on a network; and (e) except as otherwise expressly provided in “External Links to the Site” herein, not to frame, link, associate with advertisements or commercially exploit the Site, Site Content or Site Code. In addition, you must retain on all Site Content downloaded, all copyright, trademark, service mark and other proprietary notices contained in Site Content.
You agree that any confidential information available on the password protected portion of this Site can be used by you only for the purpose of completing a transaction on this Site as a customer of LBC. Obtaining, attempting to obtain or revealing (beyond disclosure to those parties that have a need to know in order for you to participate as a customer in a transaction on this Site) confidential information possibly available through this Site in a manner not authorized herein is prohibited.
You are responsible for maintaining the confidentiality of any password(s) you are given to access this Site, and are fully responsible for all activities that occur under your password(s). You agree to be financially responsible for all usage or activity relating to your customer name and password. You agree to notify LBC immediately of any unauthorized use of your password(s).
With the exception of any non-public transactional information submitted by you while completing a transaction or as a customer on the Site, you agree that any information or materials that you or individuals acting on your behalf submit to LBC will not be considered confidential or proprietary.
Your use of this Site, Site Content and Site Code is entirely at your own risk. The information posted to the Site and the Site Content may contain inaccuracies and typographical errors. THIS SITE, THE SITE CONTENT AND SITE CODE ARE PROVIDED "AS IS" AND “AS AVAILABLE.” LBC EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND RELATING TO YOUR ACCESS AND/OR USE OF THE SITE, THE SITE CONTENT AND THE SITE CODE, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF (A) SUITABILITY FOR ANY PARTICULAR PURPOSE OR FITNESS FOR A PARTICULAR PURPOSE, (B) MERCHANTABILITY, (C) ACCURACY AND COMPLETENESS, (D) NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND (E) FREEDOM FROM INTERRUPTION, DELAY, ERRORS, TECHNICAL ERRORS OR UNAUTHORIZED, INJURIOUS INTRUSIONS OR ITEMS, SUCH AS HACKING, VIRUSES AND OTHER HARMFUL COMPONENTS. WARRANTIES, OR ASPECTS OF THEM, THAT ARE, BY LAW, INCAPABLE OF BEING DISCLAIMED IN A PARTICULAR JURISDICTION ARE NOT DISCLAIMED IN THAT JURISDICTION.
Third Party Sites
External Links to the Site
All links to this Site must be pre-approved in writing by LBC, and the links shall meet each of the following requirements: (i) the link is a text-only link containing only the name “The Lancaster Bingo Company, Inc.” and does not contain any of LBC’s, its Affiliates or its licensor's proprietary trademarks, logos or service marks; (ii) the link "points" only to www.lancasterbingo.com and not to deeper pages; (iii) the link, when activated by a user, displays the page located at www.lancasterbingo.com fullscreen in a fully operable and navigable browser window and not within a "frame" on the linked Web site; and (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by LBC nor be such as to damage or dilute the goodwill associated with the name and trademarks of LBC or its Affiliates.
Should you wish to link to this Site, please contact LBC in writing at email@example.com and your request will be given due consideration. LBC reserves the right to withhold consent or revoke consent to link to the Site at any time in its sole discretion.
Information Provided By You
Any ideas, submissions or materials you wish to provide to LBC should be done via the “Contact Us” page on this Site, and must be provided pursuant to the terms and conditions listed on that page.
Limitation of Damages
In no event shall LBC be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, punitive damages, or damages for loss of data, profits, revenue, incurred by you or any third party, whether under a contract, tort or any other theory of liability, arising in connection with any party's access or use of this Site, Site Content and/or Site Code, in connection with your inability to access or use this Site, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, line system failure, loss of data, or loss of use related to this Site or any website operated by any third party or any contents of this Site or any other website, even if LBC is aware of the possibility of such damages.
IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SHALL BE, FOR ANY REASON, HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT THE TOTAL AGGREGATE LIABILITY OF LBC AND ITS AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING HEREFROM SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE OR US$100, WHICH EVER IS LESS.
You agree to defend, indemnify and hold harmless LBC, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of this Site or breach by you of the Terms.
Choice of Law, Notice Regarding State Laws, Jurisdiction, Entire Agreement
This Site is controlled, operated and administered by LBC from its offices in Lancaster, Ohio, United States of America.
The Site, Site Content, links or Site Code are appropriate for use in the United States only, and products or services offered through the Site are appropriate or available for use in the United States only. Those who choose to access this Site from locations outside the United States do so on their own initiative and risk. Users located outside the United States should not provide any personal information or personally identifiable information via the Site. By providing personal information to the Site, all users, fully understand and consent to the collection and processing of such information in the United States of America. You may not use the Site or export Site Content in violation of U.S. export laws and regulations.
Due to rapidly changing laws and regulations, LBC cannot be responsible for the legality of the use of the products by any particular purchaser via this Site. You should determine that the use of the products purchased via this Site is permitted in your state and/or locality.
All matters relating to your access to, and use of, this Site shall be governed by U.S. federal law or the laws of the State of Ohio. Any legal action or proceeding relating to your access to, or use of, this Website shall be instituted in a state or federal court in Fairfield County, Ohio. You and LBC agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. If otherwise applicable hereto, the Uniform Computer Information Transactions Act (as adopted by any State) and the United Nations Convention for the International Sale of Goods are hereby agreed not to be applicable to these Terms and their subject matters..
You agree and represent that you have carefully considered the Terms and that ambiguities, if any, shall not be enforced against the drafter but shall be fairly read so as not to prejudice the rights of LBC.
The Terms constitute the entire agreement between LBC and you with respect to the matters contained herein. Any cause of action you may have with respect to the matters contained herein or your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a body with proper jurisdiction finds any provision(s) of the Terms or a portion thereof, to be unenforceable, you and LBC agree (without waiving rights of appeal) that unenforceable provision(s) shall be enforced to the maximum extent permissible so as to affect the intent of the Terms, and the remainder of the Terms shall continue in full force and effect.
The Lancaster Bingo Company, Inc. (“LBC”) is committed to protecting any personal information that you may provide to us. In particular, we believe it is important for you to know how we treat information about you that we may receive from our Web site, www.lancasterbingo.com (the “Site”).
By providing personal information to the Site and/or by using this Site, all users, fully understand and consent to the collection and processing of such information in the United States of America and to LBC’s processing of personal information for the purposes set forth below.
In general, you can visit this Site without telling us who you are or revealing any information about yourself. As part of the standard operation of our Site, we may collect/obtain certain non-personal information from you including, but not limited to, your browser type (e.g., Netscape or Internet Explorer), operating system (e.g., Windows or Macintosh), Internet Service Provider (“ISP”), IP address, Web sites visited, and the domain name from which you accessed the Site (e.g., yahoo.com). In addition, we may collect information about your browsing behavior, such as the date and time you visited our Site, the areas or pages of our Site that you visit, the amount of time spent viewing our Site, the number of times you return to our Site, and other click-stream data.
In addition, you may be required to register in order to be granted access to the password protected portions of this Site. At the time of registration, you may be prompted by one of our online forms to provide certain personal information to use, including your name, your organization’s name, license number, address, telephone, fax number, and e-mail address.
This Site, software and any products or services provided via this Site is not intended to target, and are not structured to attract children under the age of 13.
Use of Collected Information
Information that we collect from you regarding your browser type, operating system, ISP, IP address, Web sites visited, and the domain name from which you accessed our Site is not used by us to personally identify you, but instead is aggregated to measure the number of visits, average time spent on the site, pages viewed, and is used to improve site navigation and to measure the effectiveness of our promotional placements, and is shared with LBC affiliates and contractors who assist LBC in these efforts. We use this information to measure the use of our Site and to improve the content of our Site. LBC may disclose the non-personally identifiable information collected, in aggregate form only, to third parties including advertisers or potential advertisers.
The personal information that you provide to LBC, may be stored, processed, and used by LBC and its affiliates for the following purposes: to provide information about our company, products and/or services, including updates, notifications, and details of any offers or promotions; to assist us in improving our products, services or the content of this Site; to contact you to participate in a market research survey, so that we can gauge customer satisfaction and develop better products; or for our own internal marketing and research purposes; to promote user groups; to make this Site or service easier to use by eliminating the need for you to repeatedly enter the same information or by customizing this Site or service to your particular interests or preferences; to analyze information for trends and statistics. We may also provide this information to an agent acting on LBC’s behalf in connection with the activities described above.
LBC will occasionally hire other companies to provide limited services on our behalf, such as packaging, sending, and delivering purchases and other mailings; answering customer questions about products or services; processing event registration; or performing statistical analysis of our services. LBC will only provide those companies the personal information they need to deliver the service, and they are prohibited from using that information for any other purpose. In addition, we will release information about you if you direct us to do so, or if we are required to do so as specified in more detail in “Disclosure Exceptions” below.
Notwithstanding the above policies, we reserve the right to disclose your personal information to appropriate third parties if we are required to do so by law or we believe that such action is necessary:
To comply with legal process such as a search warrant, subpoena or court order;
To protect the LBC’s rights and property or defend against legal claims;
To protect any other party’s rights, property, and safety;
To report to any law enforcement agency any activities that we, in good faith, believe to be unlawful;
To investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving harassment, abusive messages or potential threats to the physical safety of any persons;
To protect against misuse or unauthorized use of our Site; or
During emergencies, such as when we believe someone's physical safety is at risk; or
In the event that LBC and/or its subsidiaries are ever sold, acquired, merged, liquidated, reorganized, or otherwise transferred, we reserve the right to transfer our user databases, together with any personally identifiable information contained therein, to a third party acquiring the assets. In the event we do so, we will place a prominent notice of the sale on the homepage of our Site, with links to information as to how you can change your privacy preferences.
Under the USA Patriot Act, LBC may be restricted from notifying individuals that such information has been disclosed.
Links to Other Sites
This Site may contain links to other third-party Web sites. While we try to link only to third-party Web sites that share our high standards and respect for privacy, LBC’s Policy and privacy practices do not extend to and may differ from third-party Web sites that can be accessed through links on our Site; and we are not responsible for the content, security, or privacy practices employed by other third-party Web sites. If you are concerned, consider the privacy policies on the third-party Web site before registering or navigating those sites.
Security of Collected Information
To protect the privacy of personal information provided by you, LBC employs industry-standard controls including physical access controls, Internet firewalls, intrusion detection, and network monitoring. Additionally, only authorized administrators and staff have access to systems containing such information. We urge you to take every precaution to protect your personal data when you are on the Internet. Change your passwords often, use a combination of letters and numbers, and make sure you use a secure browser.
Unfortunately, no electronic communication over the Internet can be guaranteed to be 100% secure. While we strive to take great care to protect your personal information, LBC cannot warrant the security of any information that you submit to us, and you do so at your own risk. Remember to sign off the Site and close your browser window when you are finished. This is to ensure that others cannot pose as you online.
Access to Collected Information
You may review, update and delete any personal information that you provide to us through this Site by contacting us as described below under “Contacting Us.”
If you have any questions or concerns about this Policy or if you would like to review, update and delete any personal information that you provide to us through this Site, please use the “Contact Us” page on this Site. We welcome your questions and suggestions about our Policy.
Changes to this Policy
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