We at Big Game LLC (BGL) want you to
enjoy this site and share in the excitement of the Mega Millions and Poweball multi-state lotteries. In recognition of
what sometimes seems to be the complex and difficult legal environment in which
sites must function, part of our team, the attorneys, have provided the
following terms which govern access to and use of the site. Please read the
terms very carefully. If you disagree with any of the terms, do not access or
use this site.
1. BGL maintains this site (the "Site") for your personal entertainment and as a
means to enjoy Mega Millions and Powerball. Your access to and use of the Site are subject
to the following terms (the "Terms") and all applicable laws and regulations.
Please note that the Terms may be periodically updated and modified, so please
be sure to recheck them. By accessing and using the Site, you accept, without
limitation or qualification, the present Terms. You also agree to so accept
future updates and modifications of the Terms.
2. In the case of text, you may
download one copy of material displayed on the Site for non-commercial,
personal use provided that you also retain all copyright and other
proprietary notices contained on the materials. You may not, however, recopy,
distribute, publicly display, modify, transmit, reuse, repost, or use for public
or commercial purposes any of the contents of the Site, such as text, images,
audio, and video, without BGL's prior written permission. In the event that
third parties obtain access to materials that you have downloaded, it is your
responsibility to inform them of these Terms.
3. You should assume, unless
otherwise specifically noted, that everything you see or hear on the Site, and
any files or programming related to the Site, are protected by proprietary
rights, such as copyright, trademark, rights of publicity, etc. Absence of a
specific notice of proprietary rights, such as a copyright notice, does not
necessarily mean that the item is in the public domain. Unauthorized copying or
use of items from the Site can lead to enforcement actions by the holders of
proprietary rights, severe penalties, and, in some instances, criminal actions.
Please be careful and considerate of proprietary rights
4. The contributions by all who
provide content for the Site should be considered as the subjective opinion or
viewpoint of the contributor. BGL and its personnel make no warranties or
representations as to the accuracy or completeness of the information or items
in or related to the Site. BGL and its personnel assume no liability or
responsibility for any errors or omissions in the content of the Site. The
information in the Site may be out of date, and BGL makes no commitment to
update such information. Text and other items available on the Site may also be
subject to additional disclaimers and conditions.
5. Your access to and use of
the Site are at your risk. Under no circumstances, including but not limited to
negligence, shall BGL and any other parties involved in creating, producing, or
delivering the Site be liable for any damages whatsoever (including, without
limitation, any direct, incidental, consequential, indirect, or punitive
damages) arising out of or related to your access to, use of, or inability to
access or use the Site, or other locations accessible through the Site, even if
BGL or a BGL authorized representative has been advised of the possibility of
such damages. Without limiting the foregoing, everything on the Site is provided
to you "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE OR NON-INFRINGEMENT.
BGL and any other parties
involved in creating, producing, or delivering the Site also assume no
responsibility for, and shall not be liable for, any damages to or interference
with equipment, programs, files, or other property (for example, from viruses)
whether such damages are related to access or use of the Site or other locations
accessible through the Site. Your sole remedy for dissatisfaction with or damage
sustained in connection with the Site is to stop using the Site. Your permission
to use the Site may automatically terminate without notice at BGL's sole
discretion. Please note that some jurisdictions may not allow the exclusion of
implied warranties, so some of the above exclusions may not apply to you. Check
your local laws for any restrictions or limitations regarding the exclusion of
6. Any communication or items
you transmit to the Site by electronic mail or otherwise, including any data,
questions, comments, suggestions, etc. is, and will be treated as,
nonconfidential and non-proprietary. Anything you transmit or post may be used
by BGL without any obligation to you or any other party, for any purpose,
including, but not limited to, reproduction, disclosure, transmission,
publication, distribution, broadcast and posting. To the extent waivable, you
waive any so-called "moral rights" or droit morale in communications or items
that you transmit to the Site.
7. Nothing contained on the
Site should be construed as granting, by implication, estoppel, or otherwise,
any license or right to use any trademark, service mark, trade dress, or logo
displayed on or associated
with the Site. BGL is not necessarily affiliated with sites that may be linked
to this Site and is not responsible for the content of any linked sites or any
link contained in a linked site or any changes or updates to such sites
(collectively, "Linked Sites").
8. BGL has no control over
Linked Sites and cannot endorse or make any representations regarding any Linked
Sites. Your linking to any Linked Sites is at your own risk.
9. Users of this Site are
prohibited from posting or transmitting any unlawful, threatening, libelous,
defamatory, obscene, scandalous, inflammatory, pornographic, or profane material
or any material that could constitute or encourage conduct that would be
considered a criminal offense, give rise to civil liability, or otherwise
violate any applicable law or regulation.
10. For the protection of Site
users and the Site, BGL will fully cooperate with any law enforcement
authorities or court order requesting or directing BGL to disclose the identity
of anyone allegedly posting any such information or materials. You agree to
indemnify BGL and all other parties involved in creating, producing, or
delivering the Site for any and all claims, damages, losses, and causes of
action arising out of your failure to comply with these Terms. While BGL does
not and cannot review every communication from or submission by users of the
Site, and is not responsible for the content of those communications and
submissions, BGL reserves the right, in its sole discretion, to delete or edit
such communications or submissions.
11. Certain non-personal
information of visitors is recorded by the standard operation of the Site. This
information is primarily used to determine the frequency and nature of the uses
of this Site and its features. By having this information, we can provide better
and continued service.
12. Personally identifiable information, such as e-mail address, is sometimes
voluntarily supplied by users of the Site. E-mail addresses are BGL's primary means
of uniquely identifying Site customers, so supplying a valid e-mail address is
information about how e-mail addresses are used and not used.
13. BGL is not responsible for any damage caused by the obtaining of personal or
personally-identifying information by a third party by any means, including theft,
program error, human error, and by any means of malicious intent.
14. In the case of purchasing any item(s) or service(s) that are listed for sale on the Site,
the purchaser assumes full responsibility for understanding and complying with any
applicable local laws and/or regulations.
15. When purchasing any item or service from the Site, the purchaser is responsible for
reading and understanding, and is bound to the provisions and limitations of, the
details outlined in the appropriate page(s) that describe the product or service.
16. The Site is controlled and operated by BGL from its offices within the State
of New Jersey, United States of America. BGL makes no representation that materials
in the Site are appropriate for use in other locations. Those who choose to access
the Site from other locations do so at their own risk and are responsible for compliance
with any and all local laws, if and to the extent local laws are applicable. No item
or service from the Site or available for purchase from this site may be downloaded or
exported or reexported into (or to a national or resident of) any countries that
are subject to U.S. export restrictions on such item or service.
17. This agreement is entered
into in the State of New Jersey and shall be governed by and construed in
accordance with the laws of the State of New Jersey, without giving effect to
any principles of conflicts of law. You hereby consent and submit to the
personal jurisdiction of the state and federal courts located in Somerset
County, New Jersey, for the purposes of litigating any action at law or in
equity arising out of or relating to these Terms and agree not to commence any
such action against BGL other than in such courts.
18. If any of the provisions of
this agreement are held by a court or a tribunal of competent jurisdiction to be
unenforceable, such provisions shall be limited or eliminated to the minimum
extent necessary so that this agreement shall otherwise remain in full force and
effect. This agreement constitutes the entire agreement between the parties
hereto relating to the subject matter herein.