BOLOTO EXCHANGE TERMS AND CONDITIONS OF SERVICE
READ THIS
INFORMATION CAREFULLY. THIS DOCUMENT IS
A BINDING, LEGAL DOCUMENT.
YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF
AGE TO PARTICIPATE IN THE BOLOTO EXCHANGE.
BY USING THE BOLOTO EXCHANGE, OR ANY RELATED
SERVICE YOU AUTOMATICALLY ACCEPT THIS AGREEMENT AND AGREE TO BE BOUND BY ITS
TERMS AND YOU UNEQUIVOCALLY ACCEPT ANY AND ALL POSTED RULES OR GUIDELINES. IF YOU DO NOT AGREE WITH ANY PART OF THIS
AGREEMENT OR WITH ANY PART OF POSTED RULES OR GUIDELINES, THEN DO NOT USE THE
BOLOTO EXCHANGE. BOLOTO MAY ALTER THE
TERMS AND CONDITIONS, WHICH WILL BE EFFECTIVE UPON POSTING.
1.
THIS IS AN AGREEMENT BETWEEN YOU AND BOLOTO GROUP, INC.
A.
This is a legally binding agreement between
you and Boloto Group, Inc. (“Boloto”), and it is important that you take the
time to read its terms carefully (hereinafter “Terms”). This Agreement governs
your use of the Boloto Exchange, operated by Boloto, or any related services,
including the Advertisers’ Creative Interface. Any agreement between you and
Boloto regarding use of the Boloto Exchange or any of its related services
will, unless otherwise provided in a writing signed by both you and Boloto, at
a minimum include the terms of this Agreement. In order to use the Boloto Exchange
or any of its related service you must agree to the Terms, failure to agree to
all the Terms means you cannot use the Boloto Exchange, or any related service.
You represent that you are at least eighteen (18) years of age and you have the
right and authority to enter into this agreement. You further represent that you are not barred from receiving
internet services under the laws of the United States, any State, or any other
applicable jurisdiction.
B.
As stated above, you may accept the Terms of
this agreement in either of two ways: (i) clicking to accept or to agree to the
Terms, where this option is made available to you by Boloto in the user
interface for the Boloto Exchange or for any related Service; or (ii) by
actually using the Boloto Exchange or any of its related services.
C.
Before you continue, you should print out a
copy of these Terms for your records and read them carefully.
2. YOU AGREE TO PROVIDE BOLOTO ACCURATE
INFORMATION SUBJECT TO BOLOTO’S PRIVACY POLICY
You agree to: (a)
provide true, accurate, current, and complete information about yourself and/or
your company as requested in the sponsor’s registration form
("Registration Data") and (b) maintain and promptly update your
Registration Data in order to keep it true, accurate, current, and
complete. If you provide any
information that is untrue, inaccurate, not current, or incomplete, or Boloto
has reasonable grounds to suspect that such information is untrue, inaccurate,
not current, or incomplete, Boloto has the right to suspend or terminate your
account and refuse any future use of the Boloto Exchange.
All Registration
Data becomes the exclusive property of Boloto, its affiliates, and
subsidiaries. Boloto reserves the right
to use and reuse all registration and other personally identifiable user
information subject to the Boloto
Privacy Policy.
As part of your acceptance of these Terms, you acknowledge reading the Boloto
Privacy Policy. Before continuing, you should print out a copy of
the Boloto Privacy Policy and read it carefully in order to give informed
consent to the Policy.
3.
YOU CONSENT TO BOLOTO OBTAINING YOUR CREDIT REPORT
It is necessary for Boloto to pull your credit report prior to
your participation in the Boloto Exchange to verify the information that you
give Boloto when registering to use the Boloto Exchange, and any of its related
services. You consent to Boloto
obtaining your credit report and agree to provide Boloto with all information
necessary to obtain your credit report.
Your credit information is for Boloto internal use only and will not be
provided to any third party, unless required by law or court order.
4.
DEFINITIONS
“advertising
creative” or “creative” means the product, service,
graphic(s), brand, promotion and/or interaction provided by an advertiser for
display to certain targeted Boloto network members. Boloto has the final say as to whether a creative is conforming
or non-conforming, reconsideration may be requested after a first rejection,
but a second and final decision from Boloto is the final say on a creative.
“Boloto Exchange” means a periodic advertiser auction, and any of its related
services, for registered advertisers to submit bids and win the right to target
a defined network audience with targeted network advertising by way of a
creative.
“campaign” means the selection of a channel and number of points of
specificity through one or more of the Boloto Exchange interfaces for which
selection a sponsor submits a bid through the Boloto Exchange. The
campaign will define the Exact Selected Audience that would be targeted by a
creative.
“channel” means a Boloto Website
or group of related Boloto Websites on which creatives are displayed and Boloto
members’ experiences occur. Bids on the
Boloto Exchange are for a single channel and are directed to an Exact Selected
Audience.
“comparable bids” means any bids that share both the same channel and the same number
of points of specificity for a trading period.
“conforming
creative” means a creative that has been properly
submitted and that meets all of the requirements of the guidelines for the
Advertiser’s Creative Interface and this Agreement.
“cost of campaign” is the total cost that will eventually be billed to an
advertiser by the Boloto Exchange, plus any incidentals or other fees. This
cost is obtained by multiplying a Boloto Exchange advertiser’s winning bid
times or (cost per experience amount) times the number of member in the Exact
Selected audience (the number of members in the Exact Selected Audience
available to actually experience an advertising, called a creative, during an
advertiser’s winning period or campaign is set forth on the Boloto Exchange
during bidding, and the campaign will continue until that number of experiences
of a conforming creative is met, or the campaign is cancelled). Unless otherwise stated, the sum is due at
the close of a campaign period for a winning bidder as set forth in Paragraph
8, below, and not less than weekly segments for campaigns, or portions, run the
prior week.
“cpe” means cost per
experience and is equivalent to the highest comparable bid.
“experience” means a display, activity, click-through or action taken by a
member.
“Exact Selected
Audience” means members that are included in the
cross-section of a selected channel and the selected points of specificity in
any campaign at 9:00 a.m. daily Monday through Friday.
“points of
specificity” means, unless otherwise stated, those nine
(9) sets of demographic identifiers that are listed on the Boloto Exchange for
campaign bids.
“trading period” means a periodic action as specified on the exchange. Unless
stated otherwise, the trading period is the time each day Monday through Friday
that begins at 9:00 a.m. E.S.T and ends the same day at 9:00 p.m. E.S.T. Sponsors may submit their bids for a
campaign during the trading period.
5.
THE BIDDING
All Sponsors
(advertisers wishing to conduct a campaign on a Boloto Network site via the
Boloto Exchange) must register prior to participating in the Boloto Exchange. Once registered and approved, sponsors
may then participate in bidding on the Boloto Exchange.
Sponsors may submit a bid at any time during the trading
period. Bids must be made in $.05
increments. A submitted bid represents
the cost, per channel, for the opportunity to display a creative during an
experience of a member of the Exact Selected Audience. The winning bid is the highest bid in each
channel for any given number of selected points of specificity as of the close
of a bidding period, which is ordinarily from 9:00 a.m. through 9:00 p.m. EST
daily, Monday through Friday, each week.
The sponsor submitting the winning bid will be notified via e-mail.
The submission of a bid creates certain legal obligations. By submitting a bid, sponsor is agreeing
that if sponsor’s bid is the highest bid, sponsor will pay the product of the
bid price and the number of times the creative displays, with the number of
displays not to exceed the number of members stated in the Exact Selected
Audience at 9:00 a.m. on the date the campaign starts. Sponsor will be billed weekly for the actual
displays that are part of the campaign in accordance with paragraph 8. Sponsor’s failure to submit a conforming
creative within thirty (30) days will result in late fees as set forth in
paragraph 9.
6. SECOND CHANCE MATCHING
The Second Chance Matching opportunity occurs at the close of
the Boloto Exchange, and lasts from 9:01 p.m. EST until 10:00 p.m. E.S.T.
daily, Monday through Friday of every week.
The sponsors placing the 2nd through 10th highest
comparable bids as recorded at the close of a bidding period at 9:00 p.m. EST
will be notified immediately via e-mail that they have until 10:00 p.m. E.S.T.
to match the highest comparable bid and still display to their Exact Selected
Audience. Details and procedures for placing a matching bid will be detailed in
the invitation to match sent to a second chance bidder. Receipt by Boloto
Exchange of a second change matching bid from an invited bidder prior to 10:00
p.m. on the day of the invitation will be a binding contract for a campaign at
the matched bid price.
7. NUMBER OF DISPLAYS
The number of times a sponsor’s
creative is to display is equal to the number of registered members in the
relevant Exact Selected Audience at 9:00 a.m. EST. on the day of the trading
period. The correct number of members
relevant to a Sponsor’s Exact Selected Audience is always shown on the Boloto
Exchange. The number of actual displays that have already occurred is
calculated by Boloto Network software that tracks end user experiences and is a
final number reconciled against the campaign total number of displays purchased
for billing purposes at the close of a campaign as set forth in Paragraph 5,
not to exceed the number of network members in the Exact Selected Audience at
9:00 a.m. on the date that the campaign starts.
8.
PAYMENT
The amount sponsors are billed is a product of the number of
times their creative displays, that number eventually equaling the number of
members in the winning bids Selected Target Audience, and the amount of their
winning bid. Sponsors will be invoiced
via e-mail for their displays from the previous week. Thus, you do not pay until you display. Payment is due fourteen days from the date
of invoicing. Beginning on the
fifteenth day following the day of invoicing, simple interest will begin to
accrue at the rate of 10% annually (10% A.P.R. or .8333% monthly) on any unpaid
balance.
Sponsors can make payment using a credit card, debit card or
direct bank debit, as agreed in advance between Sponsor and the Boloto
Exchange. In the event Sponsor has
elected to pay Boloto by credit card, Sponsor agrees to authorize Boloto to
charge its credit card for such payments and for any amounts owed under this
Agreement. If Boloto is unable to collect owed amounts from Sponsor's credit
card, Sponsor shall pay to Boloto an insufficient funds fee equal to five
percent (5%) of the total amount due plus interest until the entire sum is paid
in full.
Financing will be available to Sponsors upon approved credit at
some point in the future. Interested
sponsors should submit a request to Boloto Exchange administrators to let the
administrators know that they are interested in completing a credit application
and obtaining financing when financing is available. Once financing is available for Boloto Exchange Sponsors, a
Sponsor who has expressed an interest in the program will be invited by email
to complete and submit a credit application for financing. Sponsors will be
notified that same day that an application is completed, usually within an
hour, of their acceptance or denial and the amount of financing made available
to them. Sponsors who choose to take advantage of the Boloto’s Sponsor Credit
Program (“The Program”) will receive documentation explaining the exact terms
of The Program, once it is available.
9. CANCELLATION FEES
Submitting a bid creates certain legal
obligations. Sponsor is required to pay
all amounts due Boloto as established by this Agreement. If Sponsor provides Notice of Cancellation
of their bid and they are not the highest bidder at the time of the Notice of
Cancellation, no cancellation fee shall apply.
If Sponsor provides Notice of Cancellation prior to 8:00 p.m. E.S.T. on
the day of the relevant trading period and is the highest bidder at that time,
a fee equal to 25% of the cost of the campaign will be applied. If sponsor provides Notice of Cancellation
at or after at 8:00 p.m. E.S.T. of the relevant trading period, Sponsor shall
be charged a cancellation fee equal to 50% of the cost of the campaign. Interest will accrue at the rate of 10%
annually on all unpaid cancellation fees, and are due as set forth in Paragraph
8, above. More than one cancellation
may result in that Sponsor being prohibited from further using the Boloto
Exchange. Additionally, if Sponsor
cancels a campaign at any time after receiving a notification of a winning bid
and prior to a campaign start, then 75% of the cost of campaign is immediately
due upon such notice of cancellation. If a Sponsor cancels after a campaign
starts and prior to 50% completion, then the greater of remaining campaign cost
or 75% of total campaign cost is due upon cancellation. Cancellation after 50%
completion of a campaign will result in a cancellation fee equal to 50% of the
remaining cost of the campaign. The
parties acknowledge that all fees stated herein are reasonable and do not constitute
a penalty.
10. FEES FOR LATE SUBMISSION OF CREATIVE
Sponsors shall submit their creative
within thirty (30) days from the date of their winning bid. A Sponsor who fails to submit an acceptable
creative within thirty (30) days from the date of their winning bid will incur
a late fee equal to 10% of the estimated cost of their campaign as calculated
by the Boloto Exchange in the notice of a winning bid. A Sponsor will incur an additional late fee
equal to 10% of the cost of their campaign for every month thereafter until an
acceptable creative is submitted, the cost of their campaign is exhausted, or
they have given notice of cancellation and paid the cancellation fee as set
forth in Paragraph 9. The fee is not
pro-rated and a Sponsor will not be charged a late fee for the month in which
an acceptable creative is submitted.
Fees for late submission of a creative will result in a dollar for
dollar reduction in the amount of the estimated cost of the campaign to be
apportioned to the display of the creative.
Fees for the late submission of a creative are in addition to all other
fees and charges stated in this Agreement.
Interest will accrue at the rate of 10% annually on all unpaid late
submission fees as set forth in Paragraph 8, above. The parties acknowledge that all fees stated herein are
reasonable and do not constitute a penalty.
11. CALCULATIONS
Sponsor agrees that Boloto will be solely responsible for
tracking and calculating all relevant traffic measurements and data, and
Sponsor understands and agrees that such measurements and data will be the only
and definitive measure thereof. Methods for tracking and calculating are
proprietary and the data reported by Boloto is final after a single internal
review to confirm data.
12. PAYMENT DISPUTES:
Sponsor agrees to notify Boloto within five (5) days after the
date of invoicing of any discrepancies in Sponsor's account, including charges,
or other performance issues. In the event that Sponsor does not notify Boloto
within such five (5) day period after invoicing, such claims or disputes will
be waived and any charges will be final and not subject to dispute. Sponsor
further agrees that it will be responsible for all reasonable collection
expenses (including attorneys' fees) incurred by Boloto to collect any payments
owed by Sponsor to Boloto. The courts of the State of Arizona will be the forum
for any disputes, and as a condition of using the Boloto Exchange, Sponsor
agrees to personal and corporate jurisdiction of Arizona courts for resolving
any disputes as set forth in Paragraph 19, below.
13. OWNERSHIP OF NON-SPONSOR PROPERTY:
Title and full ownership rights in and to the Boloto Web Sites,
together with any and all ideas, concepts, computer programs and other
technology supporting or otherwise relating to Boloto's operation of the Boloto
Web Sites, shall remain at all times solely with Boloto. Sponsor acknowledges
that it has not acquired any ownership interest, or any interest of any kind in
the content on the Boloto Web Sites, or of the Boloto Web Sites by reason of
this Agreement.
14. SPONSOR’S REPRESENTATIONS AND WARRANTIES AS
TO SUBMITTED CREATIVE:
Sponsor represents and warrants that all creatives he or she
submits to Boloto meet the following requirements:
o
do not violate any applicable law or
regulation;
o
do not infringe in any manner any third
party rights, including, without limitation copyright, patent, trademark, trade
secret or other intellectual property right or right of privacy or publicity;
o
are not false or misleading;
o
have not and will not result in any consumer
fraud, product liability, breach of contract, injury, damage or harm of any
kind to any person or entity;
o
are not defamatory, libelous, slanderous, or
threatening;
o
are free of viruses, Trojan horses, trap
doors, back doors, Easter eggs, worms, time bombs, cancelbots or other computer
programming routines that are intended to, or have the capacity to, damage,
interfere with, intercept or expropriate any system data or personal
information;
o
do not contain any of the following:
violence, hate crimes (whether racial or otherwise), illegal activities,
discrimination based on race, sex, religion, nationality, disability, sexual
orientation or age.
15. SPONSOR INDEMNIFICATION OBLIGATIONS:
Sponsor agrees to indemnify, defend and hold harmless Boloto,
its distribution partners, its licensors and licensees, and affiliated
companies, and any of their officers, directors, employees, representatives and
agents, from and against all claims, actions, liabilities, losses, expenses,
damages and costs (including without limitation, reasonable attorneys' fees)
that may at any time be incurred by any of them by reason of any claims, suits
or proceedings (collectively being referred to herein as a "Claim")
for, including without limitation, libel, violation of right of privacy or
publicity, copyright infringement, trademark infringement or other infringement
of any third party right, fraud, false advertising, misrepresentation, product
liability or violation of any law, statute, ordinance, rule or regulation
throughout the world in connection with the creative submitted by Sponsor,
Sponsor's conduct, acts or omissions, or any alleged or proven breach by
Sponsor of any term, condition, agreement, representation or warranty
hereunder. Boloto will notify Sponsor of any claim, action or demand for which
indemnity is required in the reasonable opinion of Boloto and will cooperate
reasonably with Sponsor at Sponsor's expense. At the election of Boloto,
Sponsor shall advance to Boloto amounts in satisfaction of such Claim, which
Boloto may hold in escrow pending resolution of such Claim. The law firm
Sponsor chooses to defend Boloto must be experienced in defending similar
claims and will be subject to Boloto's approval, which will not be unreasonably
withheld. Sponsor may not settle any lawsuit or matter relating to the
culpability or liability of Boloto without the prior written consent of Boloto.
Boloto will have the right to participate in any defense of a claim and/or to
be represented by counsel of its own choosing at its own expense. Without
limiting any rights and remedies hereunder or under applicable law, Boloto
shall have the right to set off any liability of Sponsor to Boloto with respect
to a Claim against any amounts held on deposit with Boloto by Sponsor.
16. LIMITATION OF LIABILITY AND WARRANTY
DISCLAIMER:
Sponsor acknowledges and agrees that it will not hold Boloto
liable for any errors in content, omissions, consequences, damages, costs,
refunds or rebates of any kind arising from any interruption of service or
other unavailability of the Internet or Web site in which the creative is
published for whatever reason. Boloto makes no representations or warranties
relating to the results or promotional effect of the display of a creative or
return on investment thereof. Boloto makes no guarantees regarding the
accuracy, reliability or completeness of any usage statistics. In the event
that Boloto fails to properly display a creative or in the event of any other
failure, technical or otherwise, of the creative to appear as provided in this
Agreement, the sole liability of Boloto shall be limited to, at Boloto's
option, either a pro rata refund to Sponsor of any pre-paid fees, if any, or
placement of creative at a later time in a comparable position. In no event
shall Boloto be responsible for any consequential, special, lost profits or
other damages arising under this Agreement including, but not limited to,
failure to timely publish creative in accordance with the Agreement. Without
limiting the foregoing, neither party shall have any liability for any failure
or delay resulting from any condition beyond the reasonable control of such
party, including but not limited to governmental action, fire, flood,
earthquake, power failure, riot, explosion, labor or material shortage, carrier
interruption of any kind or work slowdown.
BOLOTO MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY
KIND, EITHER EXPRESS OR IMPLIED WITH RESPECT TO THE BOLOTO EXCHANGE SERVICE, OR
THE FUNCTIONALITY, PERFORMANCE OR RESULTS OF USE THEREOF, INCLUDING, WITHOUT
LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT OR OTHER WARRANTIES ARISING BY USAGE OF TRADE, COURSE
OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, BOLOTO DOES NOT WARRANT OR GUARANTEE THAT THE BOLOTO EXCHANGE
SERVICE OR OPERATION THEREOF WILL BE UNINTERRUPTED, ERROR-FREE OR WILL MEET
SPONSOR'S REQUIREMENTS, AND BOLOTO SHALL NOT BE LIABLE FOR THE CONTENT OF ANY
BOLOTO WEB SITES. BOLOTO WILL NOT BE LIABLE FOR, OR CONSIDERED TO BE IN BREACH
OF OR IN DEFAULT, ON ACCOUNT OF ANY DELAY OR FAILURE TO PERFORM AS ANTICIPATED
BY THE PARTIES. BOLOTO WILL NOT HAVE
ANY LIABILITY OR RESPONSIBILITY FOR ANY SPECIAL, INDIRECT, INCIDENTAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES IN CONNECTION WITH THIS AGREEMENT,
INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO THE LOSS OF PROFITS, INCOME
OR GOODWILL, THE REJECTION OR REMOVAL OF ANY CREATIVE, OR ANY DELAY IN
DISPLAYING OR THE FAILURE TO DISPLAY A CREATIVE, EVEN IF AWARE OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BOLOTO'S LIABILITY FOR MONETARY
DAMAGES UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID BY SPONSOR TO BOLOTO FOR
THE DISPLAY OF CREATIVE WHICH IS THE BASIS OF LIABILITY OR THE AMOUNT PAID BY
SPONSOR TO BOLOTO FOR THE SPONSOR’S CAMPAIGN IN QUESTION.
17. MODIFICATION OF SERVICE:
Boloto reserves the right to redesign or modify the Boloto
Exchange however it may choose at any time and without any notice. Your further use of the Boloto Exchange
after the posted change or modification is your acceptance of the new terms and
conditions.
18. CONFIDENTIALITY:
As part of participating in the Boloto Exchange, Advertisers who
register and utilize the Boloto Exchange will have access to certain important
proprietary business information, business models, billing techniques, software
of Boloto that is located on the Boloto Exchange to implement the Boloto
Exchange or can be learned during negotiations and discussions related to
registering and using the Boloto Exchange, including valuable proprietary
business and system information. During the term of this Agreement, and for a
period of two (2) years following the termination of this Agreement, Sponsor
will not use or disclose any Confidential Information of Boloto, except as
provided herein, and will not own more that 1% in any advertiser auction that
competes directly with the Boloto Exchange. Sponsor acknowledges that if it
breaches this Section, Boloto will have no adequate remedy at law available to
it, will suffer irreparable harm, and will be entitled to equitable relief
along with monetary damages. "Confidential Information" includes but
is not limited to: (a) Advertisements, prior to publication, (b) the terms of
any agreements between the parties, (c) any information disclosed to Sponsor by
Boloto, (d) results or data relating to any Boloto Exchange Service or any
service provided by Boloto and the related performance of such Boloto Exchange
Service and (e) any proprietary information shared pursuant to this Agreement,
including technology, process and know-how. The foregoing restriction does not
apply to information that has become publicly known through no breach by a
party, or has been: (i) independently developed without access to the other
party's Confidential Information; (ii) rightfully received from a third party;
(iii) approved in writing for release by the disclosing party; (iv) required to
be disclosed by law or by a governmental authority.
19. MISCELLANEOUS:
If any provision in this Agreement is held to be invalid or
unenforceable for any reason, the remaining provisions will continue in full
force and without being impaired or invalidated in any way. Sponsor agrees to
work with Boloto to replace any invalid provision with a valid provision, which
most closely approximates the intent and economic effect of the invalid
provision. This Agreement shall be governed by and construed according with the
laws of the state of Arizona. Sponsor hereby irrevocably consents to the
personal jurisdiction of and venue in the state and federal courts located in
Maricopa County, Arizona with respect to any action, claim or proceeding
arising out of or relating to this Agreement. Sponsor shall not assign this
Agreement or any right, interest or benefit under this Agreement without the
prior written consent of Boloto. Subject to the foregoing, this Agreement shall
bind and inure to the benefit of both parties and their respective heirs,
executors, administrators, successors and assigns. Boloto may assign and
transfer this Agreement in whole or in part and may delegate its duties or
assign its rights hereunder at any time. The Sections marked:
"CALCULATIONS"; CONFIDENTIALITY"; "SPONSOR INDEMNIFICATION
OBLIGATIONS"; "LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER";
"SPONSOR COVENANTS"; "PAYMENT" and
"MISCELLANEOUS" shall survive the termination of this Agreement. The
waiver of any right or election of any remedy in one instance shall not affect
any rights or remedies in another instance. Boloto and Sponsor are independent
contractors and neither Boloto nor Sponsor is an agent, representative or
partner of the other. Sponsor shall strictly comply with all applicable laws,
rulings and regulations and shall take no action which would cause Boloto to be
in violation of any laws, rulings, or regulations applicable to it. Neither
party shall be liable for delays in performance hereunder due to causes beyond
its reasonable control, including, but not limited to, acts of God, strikes,
inability to obtain labor or materials on time, any delay, failure,
interruption or corruption of data or other transmission over any local
exchange, interexchange or Internet backbone carrier lines or through routers,
switches and other devices owned, maintained and serviced by any third party
carrier or utility or Internet service provider beyond the control or
jurisdiction of Boloto. This Agreement constitutes the entire agreement between
the parties relating to the participation in Boloto's Exchange Services. This
Agreement supersedes all prior and/or contemporaneous agreements and Sponsor
agrees it has relied upon no representations, agreements, oral or otherwise,
not contained within this Agreement. Boloto reserves the right to change the
terms to this Agreement by posting such changes to its Web site. Sponsor's
continued participation in any Boloto Exchange Service following such changes
shall be deemed to be continued acceptance of this Agreement including its
amendments and modifications.
20.
ABUSE
Boloto reserves the right to terminate the use of the Boloto
Exchange by any member for any reason at any time. If Boloto determines in its sole discretion that a bidder has
engaged in unfair or unscrupulous behavior, Boloto may terminate that bidder’s
use of the Boloto Exchange and any existing campaigns.