Terms of Use

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Welcome to the Ultimate Blackjack Tour, LLC’s website (“Website”) and thank you for reviewing our Terms of Use. We hope that you will enjoy the fascinating world of Elimination Blackjack™. Ultimate Blackjack Tour, LLC, hereinafter referred to as “UBT,” makes this Website, including all information, documents, communications, files, text, graphics, software, and audio/visual files (collectively, the “Materials”) available for your use subject to the Terms of Use set forth in this document. The Terms of Use spell out what you can expect from us and what we expect from you.

1. Acceptance of Terms of Use and Non-Transferability.

By using this Website, you accept and agree to all terms, conditions and notices contained or referenced on the Website (“Terms of Use”). Please read these following Terms of Use carefully. If you do not agree to the Terms of Use, do not use this Website. By accessing, using, or downloading in any way, without limitation, any Materials from this Website or merely browsing this Website, you agree to and are bound by these Terms of Use.

UBT reserves the right to change the Terms of Use at any time, without prior notice to any Website visitor (“User”). If UBT makes what it considers to be material changes to the Terms of Use, it will post a notice on its home page, which will run for seven (7) consecutive calendar days following the new effective date. If you breach any of the Terms of Use, your authorization to use this Website automatically terminates. A User’s right to use this Website is not transferable.

2. Intellectual Property Rights.

A. Copyright Information and Personal & Non-Commercial Use Limitation.

All Materials and the compilation of all content included on this Website are owned or licensed by UBT and protected by United States and international copyright laws. Copyright © 2006 Ultimate Blackjack Tour, LLC. All Rights Reserved. UBT does not claim ownership of copyrights owned by third parties.

You have been granted a license to view and use the Materials subject to these Terms of Use. Unless otherwise specified, the Materials on this Website are for your personal and non-commercial use. You may not sell or modify Materials or reproduce, display publicly or otherwise use the Materials in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from UBT. Users may not provide copyrighted or other proprietary information to UBT without permission from the owner of such material or rights. Users are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures or infringement.

B. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act.

The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on this Website in a way that may constitute copyright infringement, you may provide notice of your claim to UBT’s Designated Agent listed below. For your notice to be effective, it must include the following information:

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) A description of the copyrighted work that you claim has been infringed upon;
(3) A description of where the material that you claim is infringing is located on this Website;
(4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
(5) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

UBT’s Designated Agent is:
Ultimate Blackjack Tour, LLC
Attn: General Counsel
1925 Century Park East, Suite 800
Los Angeles, CA 90067

Fax: (310) 772-0237

The Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Website. All other inquires to the Designated Agent will not be answered.

C. Trademarks.

UBT owns trademarks for its many goods and services, including without limitation, PLAYUBT™, PLAYUBT.COM™, ULITMATE BLACKJACK TOUR™, ELMINATION BLACKJACK™, THE WORLD’S LARGEST BLACKJACK SCHOOL™, BLACKJACKPROTOUR™, YOU HAVE BEEN ELIMINATED™, THE BIGGEST BLACKJACK SCHOOL™, THE FASTEST WAY TO A MILLION™, THE FASTEST WAY TO A MILLION BUCKS™, UBT ULTIMATE BLACKJACK TOUR AJ™, ELIMINATION BLACKJACK™, THE LEGENDS OF BLACKJACK™, and associated graphics, logos and service marks are trademarks of UBT and may not be used without prior written consent of UBT. All other trademarks, product names, and company names and logos appearing on the Website are the property of their respective owners.

D. Ideas and Inventions.

All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to UBT in connection with your use of this website shall be the exclusive property of UBT. User agrees that unless otherwise prohibited by law UBT may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to User.

E. Linking.

If you have a website and wish to establish temporary or permanent links from your website to this Website, you must link to our homepage only. If you would like to link to our homepage you will need to receive written permission from us. Please submit your request (including your corporation’s name, your name and title, and business industry) to for our review and approval.

F. Software Use.

All software downloaded and/or installed from this Website is made available to Users pursuant to our Software Terms. Please see UBT’s Software Terms for more information prior to download and installation.

3. Privacy and Protection of Personal Information.

UBT respects the privacy of visitors to our Website. Please see UBT’s Privacy Policy relating to the collection and use of your information. User acknowledges and agrees that this Privacy Policy, including but not limited to the manner in which UBT collects, uses and discloses User’s personally identifiable information, is incorporated and made part of these Terms of Use. If User does not agree to each and every part of UBT’s Privacy Policy, then User should not use the Website or submit any personally identifiable information through this Website. Questions regarding privacy issues should be directed to UBT via e-mail at .

4. Disclaimer of Warranties and Limitation of Liability.

User expressly agrees that use of the Website, services, and Materials is at User’s sole risk. Neither UBT, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, “Providers”), or the like, warrant that websites affiliated with UBT, including but not limited to this Website, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on this Website may contain inaccuracies or typographical errors. The Providers make no warranty as to the results that may be obtained from the use of the Website or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Website.

A. Disclaimer of Warranties.

THIS WEBSITE IS PROVIDED BY UBT ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, UBT AND THE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

UBT AND THE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SECURITY OF THE WEBSITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE 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 AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

B. Limitation of Liability.

UBT AND THE PROVIDERS DO NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF UBT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UBT AND THE PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE OR ANY RELATED SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF UBT OR ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THIS WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO UBT RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT UBT AND THE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE.

SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE UBT GOODS OR SERVICES, FROM INABILITY TO USE THE UBT GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE UBT SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

If you are dissatisfied with any portion of the Website, your sole and exclusive remedy is to discontinue your use of this Website.

5. Third Party Links.

This Website contains several links to other websites and may forward users to other websites within the same Internet browser window. These websites are not under the control of UBT, and the existence of a link on the Website does not imply any endorsement of the linked websites by UBT or any affiliation between UBT and the owners of the linked websites. UBT makes no warranties or representations, and disclaims all liability, relating to the accuracy, content, terms of use, privacy policies, products, services, legality, reliability, viewpoint, accuracy, currency, decency, or any other aspect of the linked Websites. You agree that UBT has no responsibility to you with respect to such material. UBT encourages you to examine the privacy policies and/or terms of use policies of any third party website.

6. Online Conduct.

The User agrees to use the Website and any e-mail services provided through this Website only for lawful purposes. Unacceptable uses of the Website include without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) exporting, re-exporting or permitting the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfering, disrupting or attempting to gain unauthorized access to other accounts on the Website or any other computer network; (vii) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; or (viii) engaging in any other activity deemed by UBT to be in conflict with the spirit or intent of this Website.

7. Termination.

These Terms of Use are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of the Website and destroying and/or uninstalling all Materials obtained from this Website and all copies thereof, whether made under these Terms of Use or otherwise. Your access to the Website may be terminated immediately without notice from UBT if in our sole discretion you fail to comply with any term or provision of these Terms of Use. Upon termination, you must cease use of the Website and destroy all Materials obtained from this Website and all copies thereof, whether made under these Terms of Use or otherwise.

8. International Users.

The Website can be accessed from locations around the world. UBT makes no representations that this Website or the Materials available through it are appropriate for use at your location. Access to this Website from locations where this Website or any of its Materials are illegal is prohibited. If you access this Website you are responsible for compliance with all local and/or international laws.

9. Security.

If you use this Website, you are responsible for restricting access to your computer and ensuring that your computer is free from all types of malicious code, spyware, viruses, Trojans, etc. that may track any data you enter via this Website, including e-mail address, credit card number, and other payment related information. In addition, you are responsible for maintaining the confidentiality of your UBT account (“Account”) and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account or password. You agree to (a) immediately notify UBT of any unauthorized use of your password or Account or and other breach of security, and (b) ensure that you exit from your Account at the end of each session. UBT cannot and will not be held liable for any loss or damage arising from your failure to comply with this section.

UBT reserves the right to monitor all network traffic to this Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Website in any fashion. Anyone using this Website expressly consents to such monitoring.

10. Payment Verification.

UBT reserves the right to refuse service or decline orders for any reason. Accordingly, UBT may request written verification and proof of a user’s identity by supplying us with a copy of government issued photo identification at its sole discretion.

11. Risk of Loss.

All items purchased from the Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon UBT’s delivery to the carrier.

12. Arbitration.

Any dispute relating in any way to your visit to Website shall be submitted to confidential arbitration in Los Angeles, California, except that, to the extent you have in any manner violated or threatened to violate UBT intellectual property rights, UBT may seek injunctive, equitable, or other appropriate relief in any state or federal court and the User consents to exclusive jurisdiction and venue in the states and federal courts in the State of California. Arbitration under this agreement shall be conducted under the rules then prevailing of the JAMS (www.jamsadr.com). The arbitrator’s award, including attorneys’ fees, shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use, Privacy Policy, or Software Terms shall be joined to an arbitration involving any other party subject to these Terms of Use, Privacy Policy, or Software Terms, whether through class arbitration proceedings or otherwise.

13. Applicable Law/Jurisdiction.

By visiting the Website, even if accessed from a location outside the United States, you agree that the laws of the State of California will govern these disclaimers, Terms of Use, Privacy Policy, or Software Terms, without giving effect to any principles of conflicts of laws. UBT reserves the right to make changes to its Website and these disclaimers, Terms of Use, Privacy Policy, and Software Terms at any time. User hereby irrevocably and unconditionally consents to jurisdiction in the State of California.

14. Waiver/Severability.

The failure of UBT to require or enforce strict performance by User of any provision of these Terms of Use or to exercise any right under them shall not be construed as a waiver or relinquishment of UBT’s right to assert or rely upon any such provision or right in that or any other instance.

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms of Use, which shall continue to be in full force and effect.

15. Statue of Limitations.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, Terms of Use, Privacy Policy, or Software Terms must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.

16. Entire Agreement.

These Terms of Use constitute the entire agreement between the User and UBT with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use, Privacy Policy, or Software Terms will be effective only if in writing and signed by UBT.

THE SECTION TITLES IN THE TERMS OF USE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.

Date Last Modified: September 25, 2006.
These Terms of Use may be changed at any time, without prior notice.