Finger Tip Formulas.com Terms and Conditions of Use Agreement


1. Applicability of Terms and Conditions.
By registering for a membership at Fingertip Formulas.com, whether that membership is free or paid, you agree to comply with this Agreement, and you acknowledge that your failure to comply with this Agreement may result in membership suspension and/or termination. If your actions constitute a harmful action, including but not limited to financial, theft of intellectual property, and/or damage to reputation, we reserve the right to pursue legal action to the fullest extent allowed by law. If you have any questions as to this Agreement, we encourage you to seek independent counsel prior to clicking on the "Accept" button before continuing with the registration process. You acknowledge that if you accept this Agreement, we will start providing you with the benefit of our services immediately. As a consequence of this, if you accept this Agreement when registering for a Fingertip Formulas.com membership, you will not later be able to cancel your registration, although you can terminate this Agreement and close your account under the section titled "Termination" below.


2. Legality of Participation.
You may only participate at Fingertip Formulas.com if you are over 18 years of age (or such other minimum legal age in the jurisdiction where you are connecting) and it is legal for you to do so according to the laws that apply in the jurisdiction from where you are connecting. You understand and accept that Company is unable to provide you any legal advice or assurances and that it is your sole responsibility to ensure that at all times you comply with the laws that govern you and that you have the complete legal right to participate at Fingertip Formulas.com. Any participation at Fingertip Formulas.com is at your sole option, discretion and risk. By participating at Fingertip Formulas.com, you acknowledge that you do not find the content and web site to be offensive, objectionable, unfair, or indecent in any way.


3. Use as Entertainment.
The Fingertip Formulas.com web site is for entertainment only, and your participation on our web site is solely for your own personal enjoyment and non-professional use. No purchase is necessary or required to participate at Fingertip Formulas.com, save in respect to any cost you may incur to access the internet, charged by your internet service provider or telecommunications provider, and excluding premium membership accessible pages, which require a paid membership to access. The Company reserves the right to suspend, modify, remove and/or add any page and/or content in its sole discretion with immediate effect and without notice and the Company will not be liable for any such action.


4. Registration.
To participate at Fingertip Formulas.com, you will first need to register for an account with us (an "Account") by choosing a unique Account name and password and entering other information that we ask for on our registration form such as (but not limited to) an established, active, working e-mail address of yours and your actual country of residence, both of which are required entry if you wish to have a Fingertip Formulas.com Account. You agree to provide only true, complete and current information and you further agree to update this information as necessary to keep it true, complete and current. Knowingly providing false or misleading information of any kind is grounds for immediate suspension of your Account. If you wish to confirm or amend any details that you have submitted during the registration process which are incorrect or you may use the profile editing features available in the Fingertip Formulas.com menus.


5. True Identity and One Account.
The e-mail address entered on your Account must be your own working e-mail address. You are prohibited from holding more than one Account at Fingertip Formulas.com. If you have more than one (1) Account or Accounts in different names, then you must contact us immediately to have your Accounts managed so that you only have one (1). If you have lost your Account name or password, there are links available on the Log In page to help you remember them.


6. Rules and Procedures.
You must conduct yourself according to the rules set forth by FingerTip Formulas.com in addition to any rules or procedures that are displayed on the individual pages of the Web site. Deliberately circumventing or rules and/or declared procedures constitutes a violation of this Agreement, and your Account will be subject to termination.


7. Premium Membership Use.
Premium (paid) memberships are for use only by the purchasing party, and may not be shared, rented, or made accessible to others in any way, directly or indirectly. The available features available at each membership level are posted on the Fingertip Formulas.com Web site You are responsible for understanding the features available at each membership level before any purchase is made. You accept and agree that all purchases are final, since the benefit of the purchase is delivered to you immediately when your Account is upgraded to a premium membership, and that you will not seek a refund and you will not attempt to reverse, cancel, or credit any payments made to Company through your credit card, banking institution, PayPal, or other payment service.


8. Proprietary Information and Company Trade Secrets.
All content and data that you see and use when you interact with the Fingertip Formulas.com Web site and related services are protected by copyright. You may save an archival copy for your own personal use, but you may not re-publish, share, rent, or otherwise provide for others any content and/or data you may glean from Fingertip Formulas.com. All services, methods, systems, wheels, filters, utilities, tools, and other mechanisms ("Mechanisms") are original work authored by Company, unless specified otherwise, and the inner workings of which are considered trade secrets. You are authorized to use such Mechanisms as provided by your membership level, but you are prohibited from reverse engineering, duplicating, or disseminating the Mechanisms in a way that would result in loss of uniqueness or monetary compensation of the Mechanisms to Company.


9. Copyrights and Trademarks.
The terms Fingertip Formulas.com ® is trademarked, All other material at Fingertip Formulas.com, including but not limited to the Software, images, pictures, graphics, photographs, animations, videos, music, audio, text (and any intellectual property rights in and to any of the same) belong to the Company or one of its group companies and/or our licensors and is protected by copyright and/or other intellectual property rights. You obtain no rights in such copyright material or trade or service marks and must not use them without the Company's written permission.


10. Inactive Account.
If you do not access your Account by "logging in" to your Account using your Account name and password for any period of six calendar months ("Inactive"), your Account will be deemed Inactive and will be subject to closure; provided however, such requirement for log-in and entry is not and does not constitute any requirement whatsoever for you to participate in any particular activity at Fingertip Formulas.com other than logging in.


11. Abusive or Offensive Language.
Abusive or offensive language will not be tolerated on the forums, blogs, comments, chat rooms, or any other component of the Fingertip Formulas.com Web site that allows user input. Any violation of this policy will result in a suspension of member privileges or such other action as may be reasonably required by the Company to ensure compliance including possible termination of your Account. In addition, you are not entitled to make untrue and/or malicious and/or damaging comments with regard to the Company's operation or Company employees in any media or forum.


12. Disclosure of Account name and password.
You agree to keep your Account name and password secret and confidential and not to allow anyone else to use it. The Company shall not be required to maintain Account names or passwords although if you have lost your Account name or password, please use the features available on the Log In page (http://www.fingertipformulas.com) to retrievethem. If you misplace, forget, or lose your account name or password because of anything other than Company's error, the Company shall not be liable.


13. Fraudulent Activities and Prohibited Behavior.
YOU ARE STRICTLY PROHIBITED FROM OFFERING, ENCOURAGING OR ENTICING ANY OTHER MEMBER AT FINGERTIP FORMULAS.COM TO PLAY OR PARTICIPATE IN (WHETHER ON FINGERTIP FORMULAS.COM, ON ANOTHER WEBSITE OR FACE TO FACE) ANY GAMES FOR REALMONEY, OFFERS OF A COMMERCIAL NATURE, OFFERS OF SOFTWARE PIRACY, OR OFFERS THAT WOULD VIOLATE A COMMERCIAL PRODUCT'S OR SERVICE'S LICENSE TERMS ("Prohibited Behavior"). The Company has a zero tolerance policy towards inappropriate solicitations, Prohibited Behavior and fraudulent activity. If, in the Company's sole determination, you are found to have cheated or attempted to defraud the Company or any other user of any of the Fingertip Formulas.com Web site or you are involved in Prohibited Behavior in any way, the Company reserves the right to suspend and/or close your Account and to share this information (together with your identity) to other online community and/or lottery-related sites, banks, credit card companies, and appropriate agencies.


14. Security Review.
To maintain a high level of security and integrity in the system, the Company reserves the right to conduct a security review at any time to validate the registration data provided by you, financial transaction data, and any information collected in our Web server logs for potential breach of this Agreement and of applicable law. As such you authorize us and our agents to make any inquiries of you and for us to use and disclose to any third party we consider necessary to validate the information you provide to us or should provide to us in accordance with this Agreement, including but not limited to, verifying the information against third party databases. In addition, to facilitate these security reviews, you agree to provide such information or documentation as the Company, in its unfettered discretion, may request.


15. Forfeiture and Account Closure.

15.1 THE COMPANY RESERVES THE RIGHT, IN ITS UNFETTERED DISCRETION AND IN RELATION TO YOUR ACCOUNT, ANY ACCOUNTS YOU MAY HAVE WITH OTHER WEBSITES AND/OR SERVICES OWNED OR OPERATED BY OR ON BEHALF OF THE COMPANY, TO SUSPEND YOUR ACCOUNT IF:

(i) You are in breach of any term of this Agreement; or

(ii) The Company should become aware that you have conducted yourself at any other online community Web site in a manner that would breach any terms of this Agreement, or are suspected of fraud, collusion or unlawful or improper activity.

15.2 If after a Security Review see (section 17 above) has been performed you have either:

(i) Been found not to have been in compliance with this Agreement; or

(ii) Not provided responses satisfactory to Company in its sole discretion within any reasonable timeframe specified in a security review request or, where none has been specified, 30 days from the sending or making of the request; THEN YOUR ACCOUNT WILL BE CLOSED.


16. Termination.
You are entitled to close your Account and terminate this Agreement at any time by utilizing our Contact Us page and we shall respond within a reasonable period. However, you shall be responsible for activity on your Account until such closure has been affected by us. The Company is entitled to terminate this Agreement immediately with or without notice to you at the e-mail address that you have provided to the Company. If Fingertip Formulas.com is running a special or promotion and a cancellation time frame is involved, you must adhere to the rules of the cancellation policy of those promotions if you choose to cancel after the promotion is over. All said fees apply if you do adhere to the cancellation policy stated in the promotion.


17. Indemnity.
You agree to hold the Company, its employees, officers, directors, licensees, licensors, affiliates, and subsidiaries harmless and further agree to fully indemnify them from any and all costs, expenses, liabilities and damages whatsoever that may arise as a result of your breach of this Agreement.


18. NO WARRANTIES AND LIMITED LIABILITY.

i. YOUR ACCESS TO FINGERTIP FORMULAS.COM AND PARTICIPATION IS AT YOUR SOLE OPTION, DISCRETION AND RISK. THE COMPANY SHALL NOT BE LIABLE FOR COMPUTER MALFUNCTIONS NOR ATTEMPTS BY YOU TO PARTICIPATE IN THE GAME BY METHODS, MEANS OR WAYS NOT INTENDED BY THE COMPANY.

ii. FINGERTIP FORMULAS.COM, THE WEB SITE, DATA, AND RELATED SERVICES, PURCHASED OR FREE, ARE PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED (WHETHER BY LAW, STATUTE OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTIABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF APPLICABLE LAWS AND REGULATIONS. THE COMPANY DOES NOT WARRANT THE FUNCTIONS CONTAINED IN FINGERTIP FORMULAS.COM, THE GAMES OR THE SOFTWARE WILL MEET YOUR REQUIREMENTS, NOR THAT THEIR OPERATIONS WILL BE UNINTERUPPTED OR ERROR FREE.

iii. THE ENTIRE RISK AS TO THE USE QUALITY AND PERFORMANCE OF LOTTERY POST, THE WEB SITE, DATA, AND RELATED SERVICES, PURCHASED OR FREE, BY YOU LIES WITH YOU.

iv. THE COMPANY'S MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR YOUR USE OF FINGERTIP FORMULAS.COM, THE WEB SITE, DATA, AND RELATED SERVICES, PURCHASED OR FREE, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE LIMITED TO THE AMOUNT,IF ANY, YOU HAVE PAID TO ACCESS FINGERTIP FORMULAS.COM IN THE PREVOUS 12 MONTHS.

v. THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES, COSTS AND EXPENSES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR YOUR USE OF FINGERTIP FORMULAS.COM, THE WEB SITE, DATA, AND RELATED SERVICES, PURCHASED OR FREE, HOWEVER THEY ARISE, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF THE COMPANY RECEIVED PRIOR NOTICE OF THE POSSIBILITY OF SUCH DAMAGE.

vi. IN NO EVENT, SHALL COMPANY BE LIABLE FOR ANY MALFUNCTIONS OF THE WEB SITE, DATA, AND RELATED SERVICES, PURCHASED OR FREE, BUGS OR VIRUSES, RESULTING IN LOST DATA OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT OR SOFTWARE. FURTHER, COMPANY IS NOT REQUIRED TO PROVIDE REDUNDANT OR BACKUP NETWORK AND/OR SYSTEMS.

vii. IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE ANY LIABILITY THE COMPANY MAY HAVE IN RESPECT OF FRAUD OR DEATH OR PERSONAL INJURY CAUSED BY THE COMPANY'S NEGLIGENCE.


19. Settlement of Disputes.
You fully accept and agree that the Company shall be the final authority in determining the terms of your participation of the Web site and all services provided to you, and the outcome of any and all disputes that may arise, whether they are between you and another member, you and the Company, or regarding content, data, functionality, ranking, measuring, metering, and/or statistics available or not available to you at Fingertip Formulas.com.


20. Notices.
If you have any dispute with regard to any activity at Fingertip Formulas.com, you must submit your complaint to Company in writing within fourteen (14) days of the incident by sending the complaint via the Contact Us page at Fingertip Formulas.com.


21. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the state of Texas, United States, without giving effect to conflicts of law principles. You irrevocably agree to submit, for the benefit of the Company, to the exclusive jurisdiction of the courts of Texas for settlement of any disputes or matters arising out of or concerning this Agreement or its enforceability. If any part of this Agreement is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity of the remainder of the Agreement, which shall remain valid and enforceable according to its terms.


22. Assignment.
We reserve the right to transfer, assign, sub-license or pledge this Agreement, in whole or in part, to any person without notice and you will be deemed to consent to such assignment. You may not assign, sublicense or otherwise transfer or in any manner whatsoever any of your rights or obligations under this Agreement.


23. Third Party Rights.
Except insofar as this Agreement expressly provides that a third party may in their own right enforce a term of this Agreement, a person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999, or any equivalent statute or legislation, to rely upon or enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available other than under that Act.


24. Entire Agreement, Modification and Amendments.
You fully understand and agree to be bound by the terms and conditions contained herein and as modified and/or amended by the Company from time to time. The Company may amend this Agreement at any time by publishing the modified Agreement on the relevant page of Fingertip Formulas.com. Any such modification will take effect immediately upon notification by publication at Fingertip Formulas.com. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued use of the Web site, content, data, and/or services provided by Fingertip Formulas.com following such notification will be deemed binding acceptance of the modification. It is your sole responsibility to review this Agreement and amendments hereto each time you utilize Fingertip Formulas.com. These terms and conditions and the documents referred to herein represent the complete and final agreement between you and the Company and supersede any and all prior agreements between you and the Company.


PLEASE PRINT THIS PAGE AND STORE FOR YOUR FUTURE REFERENCE. IN ADDITION, WE SUGGEST THAT YOU PRINT AND STORE ALL RULES AS APPLICABLE TO YOUR ACTIVITIES.


DISCLAIMER
Fingertip formulas.com serves as both an entertaining and educational tool for designing successful games. Our goal is to assist in increasing the odds of winning; however we cannot guarantee the outcome of any games played by our members. Members choose their formulas and play at their own risk.