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MEMBERSHIP AND TERMS OF SERVICE AT CUBIDOO.COM Terms of Service (T.O.S.) 1.1 The owner of the internet address Cubidoo.com shall exercise all rights regarding the address mentioned before, and may interrupt or change any of the services or information provided by Cubidoo.com, after prior notice to the members and users of Cubidoo.com. As a prior notice to the users of Cubidoo.com, any notification in the category Terms of Service shall be considered, and by the sole announcement in this category, it shall be presumed that the users of Cubidoo.com have been duly notified of the relevant changes. Changes published in this way shall be valid as of the day of announcement. 1.2 Cubidoo.com shall offer two types of membership: (I) A User (Free Member) shall be entitled to order numbers and/or combinations free of charge, for playing Lotto to the extent specified at the internet address. (II) A Member (Cubidoo Member) shall be entitled to order numbers and/or combinations for playing Lotto to a greater extent, against payment of a service fee. Both the extent of service and the service fee are specified at the address. 1.3 Services at Cubidoo.com that are subject to a fee can be ordered solely by persons older than 18 years. 1.4 Cubidoo.com shall not act as the organizer of any game of chance, shall not accept any payment for such games and shall not pay out any winnings. The user and/or Member shall be responsible for his or her own knowledge of the organizer's rules regarding the game of chance he or she is buying tickets for, and shall also be responsible for the payment of such tickets. 1.5 Cubidoo.com is entitled, at its own discretion , to render impossible membership to a user or Member, without specifying the reasons, so that the latter cannot open a personal coded account at Cubidoo.com. Furthermore, Cubidoo.com is entitled, at its own discretion, to impose a restriction on the user's/Member's possibility to order services at Cubidoo.com or to bar him or her from such services. 1.6 Cubidoo.com shall not be held responsible for damage possibly incurred by the Users and/or Members of the internet address due to: (I) the sole use of the internet address (II) an error at the internet address (III) contamination of the contents of the internet address (IV) non-operation or altered operation of the internet address (V) connection to other internet links and contents of those internet links (VI) information and other material left behind by the users and/or Members of the internet address, and sent from the internet address (VII) unauthorized penetration into the internet address (VIII) incorrect use of the internet address 2. Personal Account and Code 2.1 Upon becoming a Member of Cubidoo.com, a User shall receive his or her code for the account. The Member shall be obliged not to divulge his or her code to any third person, and shall be held fully responsible for the activities performed by means of his or her code or his or her private account opened at Cubidoo.com. 2.2 Cubidoo.com shall not be held liable for any possible abuse, change or loss of data on the Member's private account. 3. Membership and Protection of Private Data 3.1 Every Member is responsible for the correctness of all data entered. 3.2 Every Member declares that he or she has been acquainted with the Terms of Service at Cubidoo.com and agrees that he or she shall make payment in advance amounting to the price as presented and specified at the internet links of Cubidoo.com. 3.3 Every Member shall commit himself or herself not to make copies of information presented at Cubidoo.com, not to penetrate into the code of Cubidoo.com or to use information and material at Cubidoo.com in a way other than according to the permission granted to him or her. 3.4 Cubidoo.com shall be entitled to receive all information and material divulged to Cubidoo.com by a Member. 3.5 Cubidoo.com reserves the right to divulge data on a Member upon request by an authorized institution. 4. Order and Payment of Service 4.1 The service offered by Cubidoo.com shall comprise exclusively the sale of numbers and/or combinations for playing Lotto and similar games of chance. Buying numbers and/or combinations at Cubidoo.com does not automatically imply that the Member has paid the organizer of the game of chance for which he or she has received such numbers and/or combinations. 4.2 Cubidoo.com shall be the sole owner of numbers and/or combinations it has sold. By buying numbers and/or combinations, a Member does not obtain ownership of the numbers and/or combinations he or she is buying, but shall be only entitled to use them. 4.3 The Member shall agree to in-advance payment of the service according to the price list published at the internet address of Cubidoo.com. The service shall not be available to him or her until payment has been made. 4.4 Cubidoo.com shall add the amount of a payment received to the balance of the Member's private account at Cubidoo.com. 4.5 The Member shall be able to order the services offered by Cubidoo.com as long as his or her private account at Cubidoo.com has enough funds. As soon as the funds of the private account have been used up, he or she must make another payment so as to be able to order the services provided by Cubidoo.com. 4.6 By ordering a service, the Member shall authorize Cubidoo.com to debit his or her private account at Cubidoo.com by the amount of the service ordered, according to the price list effective at that time. 4.7 Cubidoo.com shall not pay interest on the funds paid in advance, irrespective of the actual date of order and of performance of service. Cubidoo.com shall not refund any money for service paid in advance but not used. A service cannot be revoked once it is ordered. 4.8 Cubidoo.com shall not be responsible for complications and abuse deriving from payment via agents. The Member shall pay the services provided by Cubidoo.com at his or her own risk, under the conditions set by the agents. 4.9 Cubidoo.com shall not guarantee any winnings from tickets with numbers that a Member has received at Cubidoo.com with or without payment. 5.0 YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF CUBIDOO.COM'S SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CUBIDOO.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CUBIDOO.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OR WEBSITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CUBIDOO.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE T.O.S. YOU EXPRESSLY UNDERSTAND AND AGREE THAT CUBIDOO.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF WINNINGS, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CUBIDOO.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWSOEVER ARISING, INCLUDING BUT NOT LIMITED TO RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE LATE PROCESSING OF ANY ORDER OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) AN ACT OR OMISSION BEYOND CUBIDOO.COM'S ACTUAL CONTROL; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE.
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