DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
By accessing, using or downloading the Service you acknowledge and agree that your use of the Service, in whole and in part (including, without limitation, all content, and user materials), shall be at your sole risk and is provided on an “as is” basis. To the fullest extent permitted under applicable law, 22betting, affiliates or subsidiaries, or any of their its officers, directors, employees, contractors, partners and agents disclaim all warranties, conditions or other terms of any kind, either explicit or implied, in connection with the Service and your use thereof, including, but not limited to, implied warranties of merchantability, title, quiet enjoyment, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness.
22betting makes no warranties or representations about the accuracy or completeness of the content of the Service or the content of any sites linked to the Service or that the Service will be uninterrupted or error-free and assume no liability or responsibility for any:
(i) Errors, defects, mistakes, or inaccuracies of content;
(ii) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service;
(iii) Any unauthorized access to or use of 22betting’s secure servers and/or any and all personal information and/or financial information stored therein;
(iv) Any interruption or cessation of transmission to or from the Service;
(v) Any bugs, viruses, harmful components, trojan horses, or the like which may be transmitted to or through the Service by any third party;
(vi) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service; (vii) Human action or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections on account of your access to or use of the Services;
(viii) Quality, accuracy, completeness and validity of any information or materials in connection with the Services; or
(ix) The Services will meet your requirements or that transmissions or data will be secure.
In case of a malfunction or disruption of the Services that prevents you from completing a game in which you have begun to participate, 22betting may allow users to participate again in a game until the participation is complete. 22betting reserves the right to determine, in its sole discretion, whether it is responsible for any such malfunction or disruption. 22betting also reserves the right to limit your game play or terminate your participation in the Services should 22betting determine, in its sole discretion, that you have intentionally caused such a malfunction or disruption. 22betting is not liable for any potential winnings or other lost opportunity from any unfinished game or a game malfunction or error of any kind. In the event of such error or malfunction, 22betting may in its sole discretion, adjust the amount of credits or coins due to such error or malfunction. The games offered through the Services do not replicate the odds of winning or the payouts of similar games found in casinos.
By accessing or using the Services, you agree that 22betting is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Services. Any attempt to gain unauthorized access to the Services, interfere with procedures or performance of the Services, or deliberately damage or undermine the Services is subject to civil and/or criminal prosecution and will result in immediate termination of your participation and forfeiture of any prizes to which you are otherwise entitled. Any attempt to access or use any portion of the Services by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to the Services, will result in civil and/or criminal prosecution, termination of your participation, and forfeiture of all prizes to which you are otherwise entitled.
In no event will 22betting, its affiliates or subsidiaries, or any of their directors, officers, agents, contractors, partners and employees, be liable to you or any third party for: (i) any special, direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever or any other losses, costs, or expenses of any kind including any lost profits, loss data or goodwill, legal fees, expert fees, cost of procuring substitute services, lost opportunity, or other disbursements arising, directly or indirectly, from your reliance on, access to, use of, or inability to access or use, the Service or other materials or content on, accessed through or downloaded from the Service, or browsing of the Services or through your downloading of any materials, data, text, images, video or audio from the Services; or (ii) for the conduct of third parties, including other users of the Service and operators of external sites.
The risk of using the Service and external sites rests entirely with you as does the risk of injury from the Service and external sites. The disclaimers of liability contained herein apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the Service under any cause or action whatsoever of any jurisdiction, whether based on warranty, breach of contract, tort (including negligence), or any other legal theory, and whether or not 22betting has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that 22betting shall not be liable for user submissions or defamatory, offensive, or illegal conduct by any third party, including other users of the Service and operators of external sites and that the risk of harm or damage from the foregoing rests entirely with you.
To the fullest extent permissible under applicable laws, under no circumstances will 22betting, its affiliates or subsidiaries, or any of their directors, officers, agents, contractors, partners and employees be liable to you for more than the amount you have paid 22betting in the ninety days (90) days immediately preceding the date on which you first assert any such claim. You acknowledge and agree that if you have not paid 22betting any amounts in the ninety days (90) days immediately preceding the date on which you first assert any such claim, your sole and exclusive remedy for any dispute with 22betting is to stop using the Service and to cancel your account.
Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, some of the above limitations in this Section may not apply to you. In particular, nothing in these Terms shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from any negligence or fraud of 22betting. In such jurisdictions, our liability will be limited to the fullest extent permitted by applicable law.
To the fullest extent permitted by law, you agree to release, discharge, defend, indemnify and hold 22betting, and each of its affiliates or subsidiaries, or any of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with:
(i) Your use or misuse of and access to the Service;
(ii) Your violation of any term of the 22betting’s Terms;
(iii) Your breach of the representations, warranties, and covenants made herein;
(iv) Your violation of any third party right, including without limitation any copyright, property, or privacy right;
(v) Any claim that a user submissions made by you has caused damage to a third party; or
(vi) Any User Content you post or share on or through the Service.
22betting reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Gombling, and you agree to cooperate with 22betting’s defense of these claims. 22betting will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph and Section 15 below will survive any termination of your Account(s) or of the Service.